Code of Maine Rules
94 - INDEPENDENT AGENCIES
348 - MAINE HUMAN RIGHTS COMMISSION
Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION
Section 348-3-17 - FAMILIAL STATUS DISCRIMINATION

1. The inclusion of familial status as a protected class in employment is intended to recognize the changing structure of families. While many employment actions based on family caregiver status have previously been addressed as sex discrimination, because the burdens of family caregiving traditionally fell on females, that is no longer the case. Continuing to address policies and practices burdening caregivers as sex discrimination leaves male, transgender, and gender-diverse individuals without recourse when they are discriminated against because of their caregiving responsibilities.

2. Reasonable accommodations. It is unlawful discrimination for an employer, employment agency, or labor organization to fail upon request to provide a reasonable accommodation for an employee who requires one because of their familial status unless the employer, employment agency, or labor organization establishes that providing an accommodation would amount to an undue hardship on the operation of the business. Reasonable accommodations based on familial status may include, but are not limited to, permitting use of paid time off to care for family members covered by this section or using such time in small increments; the ability to carry a cell phone or other electronic notification device to receive information pertinent to their caregiving duties; or brief breaks (which may be unpaid) to respond to contacts from their covered family members specifically related to their caregiving responsibilities. Reasonable accommodations are required only when the accommodation relates directly to the employee's need to provide necessary care to a protected family member.

3. Employer not responsible for additional benefits. Nothing in this subsection may be construed to mean that an employer, employment agency or labor organization is required to provide sick leave, a leave of absence, medical benefits or other benefits to a person because of their familial status, if the employer, employment agency or labor organization does not also provide sick leaves, leaves of absence, medical benefits or other benefits for the employer's other employees and is not otherwise required to provide those leaves or benefits under other state or federal laws. Reasonable accommodations are not additional benefits.

4. Unlawful inquiries. Inquiries into an applicant's availability on certain days or during certain hours may have an adverse impact on individuals based on their familial status. Rather than inquire into the applicant's specific availability, employers should provide their regular hours and/or the anticipated schedule for the position, and ask the applicant whether they can work the anticipated schedule with or without a reasonable accommodation. Inquiries to applicants regarding their familial status, such as inquiries regarding whether they are or intend to become parents, their childcare plans, or the health of family members, shall be considered strong evidence of familial status discrimination.