Code of Maine Rules
94 - INDEPENDENT AGENCIES
348 - MAINE HUMAN RIGHTS COMMISSION
Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION
Section 348-3-2 - DEFINITIONS
Current through 2024-38, September 18, 2024
1. Commission means the Maine Human Rights Commission established by the Act.
2. Covered entity means an employer, employment agency, labor organization or joint labor-management committee.
3. Direct threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a "direct threat" shall be based on an individualized assessment of the individual's present ability to safely perform the essential functions of the job. This assessment shall be based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence. In determining whether an individual would pose a direct threat, the factors to be considered include:
4. Discriminate includes, without limitation, segregate or separate. Discriminate also includes conduct amounting to harassment.
5. Employee means an individual employed by an employer. Employee does not include any individual employed by that individual's parents, spouse or child, except for purposes of disability-related discrimination, in which case the individual is considered to be an employee.
6. Employer includes any person in this State employing any number of employees, whatever the place of employment of the employees, and any person outside this State employing any number of employees whose usual place of employment is in this State; any person acting in the interest of any employer, directly or indirectly; and labor organizations, whether or not organized on a religious, fraternal or sectarian basis, with respect to their employment of employees. Employer does not include a religious or fraternal corporation or association, not organized for private profit and in fact not conducted for private profit, with respect to employment of its members of the same religion, sect or fraternity, except for purposes of disability-related discrimination, in which case the corporation or association is considered to be an employer.
7. Employment agency includes any person undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer or place employees; it includes, without limitation, placement services, training schools and centers, and labor organizations, to the extent that they act as employee referral sources; and it includes any agent of such person.
8. Familial status means that a family unit contains:
9. Gender expression means the manner in which an individual's gender identity is expressed, including, but not limited to, through dress, appearance, manner, speech, or lifestyle, whether or not that expression is different from that traditionally associated with that individual's assigned sex at birth.
10. Essential functions-
11. Gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's assigned sex at birth.
12. Harassment includes verbal or physical conduct related to a protected class or directed at a person or persons because of protected class status when:
13. Labor organization means a labor organization and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.
14. Normal retirement age means the specified age, the years of service requirement or any age and years of service combination at which a member may become eligible for retirement benefits. This sub-section may not be construed to require the mandatory retirement of a member or to deny employment to any person based solely on that person's normal retirement age.
15. Order of protection means an order of protection from abuse issued pursuant to 19-A M.R.S. §4007.
16. Person includes one or more individuals, partnerships, associations, organizations, corporations, municipal corporations, legal representatives, trustees, trustees in bankruptcy, receivers and other legal representatives, labor organizations, mutual companies, joint-stock companies and unincorporated organizations and includes the State and all agencies thereof.
17. Physical or mental disability has the meaning set forth in the Act, 5 M.R.S. §4553- A.
18. Protected class means the classes listed in 5 M.R.S. §4571, as well as a previous assertion of a claim or right under former Title 39 or Title 39-A, previous actions that are protected under Title 26, chapter 7, subchapter 5-B, or having obtained an order of protection under Title 19-A §4007. Protected class does not include discrimination governed by 39-A M.R.S. §353. Protected class also includes being perceived as a member of a protected class, as well as having a known relationship or association with a member of a protected class. Protected class also includes traits associated with protected class status, such as natural hair textures, Afro styles and protective hair styles (such as braids, twists, and locks) or protected-class related body modifications.
19. Qualified individual with a disability means an individual with a physical or mental disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires.
20. Reasonable accommodation -
21. Religion includes all aspects of religious observance and practice, as well as belief.
22. Sexual orientation means a person's pattern of sexual, emotional, or romantic attraction to others, which may include, but is not limited to, actual or perceived heterosexuality, bisexuality, and homosexuality. Sexual orientation as a protected class also includes a person's gender identity and gender expression.
23. Test means all employee selection procedures used to make employment decisions. Employee selection procedures include the evaluation of applicants, candidates or employees on the basis of stated minimum and preferred job qualifications, application forms, interviews, performance examinations, paper and pencil examinations, performance in training programs or probationary periods and any other procedures used to make an employment decision whether administered by an employer, employment agency, labor organization, licensing or certification board or apprenticeship committee. Employment decisions include, but are not limited to hiring, promotion, demotion, membership in a labor organization, referral, retention, licensing, certification and membership in an apprenticeship program.
24. Undue hardship means, with respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity, when considered in light of the following factors:
25. Qualification standards means the personal and professional attributes including the skill, experience, education, physical, medical, safety and other requirements established by a covered entity as requirements which an individual must meet in order to be eligible for the position held or desired.