...
Summary of differences between federal and state regulations
There is no one federal law that specifically addresses employment applications, although there are record retention guidelines under a variety of federal laws (see the Recordkeeping topic) and non-discrimination provisions for hiring in general (see the Discrimination topic).
Maine law provides that it is unlawful for an employer to charge a fee to an applicant for requesting, completing, or submitting an application for employment with that employer. Title 26, Chapter 7, §594
It is unlawful employment discrimination for an employer to use an application form to inquire about, or show a preference regarding, an applicant’s race, color, sex, disability, religion, age, ancestry or national origin, unless based on a bona fide occupational qualification. Title 5, Part 12, Ch. 337, §4572(1)(D)
Effective January 1, 2020, Maine employers are prohibited from asking prospective employees for their Social Security numbers — either on job applications or during the application process. The only exception to this rule is for substance abuse testing or preemployment background checks. Employers may, however, request social security numbers after employees are hired. This newly enacted rule is designed to help protect job applicants from identity theft.
Salary history inquiries
On April 12, 2019, Maine banned previous salary inquiries during the job application process. Legislative Document 278, which amended both the state’s Human Rights Act and its equal pay provisions, classifies the inquiry into a job applicant’s salary history as a discriminatory practice. After a job offer has been made, employers may inquire about previous salaries. In addition, if an applicant voluntarily discloses salary history information, an employer may confirm the information.
The law also restricts employers from requesting salary information from an applicant’s former employer, and it bars employers from prohibiting employees from disclosing their own wages or inquiring about the wages of others.
State
Contact
Regulations
Maine Revised Statutes Title 26, Chapter 7, §594
http://www.mainelegislature.org/legis/statutes/26/title26sec594.html
Maine Revised Statutes, Title 5, Part 12, Ch. 337, §4572(1)(D)
http://www.mainelegislature.org/legis/statutes/5/title5sec4572.html
Federal
Contacts
None.
Regulations
None.