Code of Maine Rules
94 - INDEPENDENT AGENCIES
348 - MAINE HUMAN RIGHTS COMMISSION
Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION
Section 348-3-3 - UNLAWFUL EMPLOYMENT DISCRIMINATION
Universal Citation: 94 ME Code Rules ยง 348-3-3
Current through 2024-38, September 18, 2024
1. It is unlawful employment discrimination, except when based on a bona fide occupational qualification or as otherwise permitted by this chapter:
A. For any employer to:
(1) Fail or refuse to hire or otherwise
discriminate against any applicant for employment because of protected
class;
(2) Because of protected
class, discharge an employee or discriminate with respect to hire, tenure,
promotion, transfer, compensation, terms, conditions or privileges of
employment or any other matter directly or indirectly related to employment;
or
(3) In recruiting individuals
for employment or in hiring them, to utilize any employment agency that the
employer knows or has reasonable cause to know discriminates against
individuals because of their protected class.
B. For any employment agency to:
(1) Fail or refuse to classify properly,
refer for employment or otherwise discriminate against any individual because
of protected class; or
(2) Comply
with an employer's request for the referral of job applicants if a request
indicates either directly or indirectly that the employer will not afford full
and equal employment opportunities to individuals regardless of their protected
class.
C. For any labor
organization to:
(1) Exclude from
apprenticeship or membership or to deny full and equal membership rights to any
applicant for membership because of protected class;
(2) Whether or not authorized or required by
the constitution or bylaws of that labor organization or by a collective labor
agreement or other contract, deny a member full and equal membership rights;
expel from membership; penalize; or otherwise discriminate with respect to
hire, tenure, promotion, transfer, compensation, terms, conditions or
privileges of employment, representation, grievances or any other matter
directly or indirectly related to membership or employment because of protected
class;
(3) Fail or refuse to
classify properly or refer for employment or otherwise discriminate against any
member because of protected class; or
(4) Cause or attempt to cause an employer to
discriminate against an individual in violation of the Act.
D. For any employer, employment
agency or labor organization, prior to employment or admission to membership of
any individual, to:
(1) Elicit or attempt to
elicit information directly or indirectly pertaining to protected
class;
(2) Make or keep a record of
protected class, except under physical or mental disability when an employer
requires a physical or mental examination prior to employment, a privileged
record of that examination is permissible if made and kept in compliance with
this chapter and the Act;
(3) Use
any form of application for employment or personnel or membership blank
containing questions or entries directly or indirectly pertaining to protected
class. This subparagraph does not prohibit any officially recognized government
agency from keeping records permitted to be kept under this chapter or the Act
in order to provide free services to individuals requesting rehabilitation or
employment assistance;
(4) Print,
publish or cause to be printed or published any notice or advertisement
relating to employment or membership indicating any preference, limitation,
specification or discrimination based upon protected class;
(5) Handwrite, print or circulate any
interoffice or interagency communication, job order, advertisement, brochure,
or notice that expresses directly or indirectly a preference or specification
on the basis of protected class unless the expression is made in accordance
with a corrective employment program such as an affirmative action plan;
or
(6) Establish, announce or
follow a policy of denying or limiting, through a quota system or otherwise,
employment or membership opportunities of any group because of the protected
class of that group.
E.
For an employer, employment agency or labor organization to discriminate in any
manner against individuals because they have opposed a practice that would be a
violation of the Act or because they have made a charge, testified or assisted
in any investigation, proceeding or hearing under the Act. Such action or
assistance includes, but is not limited to, filing a complaint, stating an
intent to contact the Commission or to file a complaint, supporting employees
who are involved in the complaint process, cooperating with representatives of
the Commission during the investigative process and educating others concerning
the coverage of the Act.
2. Unlawful employment discrimination also includes, but is not limited to, the prohibited acts described in §4 and §§6 through 16 of this chapter.
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