Federal & State Regulations | Discrimination - Other - Maine

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Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Maine employment discrimination law identifies the following protected classes for purposes of employment discrimination:

Race (includes traits associated with race, including hair texture, Afro hairstyles and protective hairstyles, such as braids, twists, and locks),
Color,
Sex (including pregnancy and related medical conditions),
Sexual orientation,
Gender identity (gender-related identity, appearance, mannerisms or other gender-related characteristics, regardless of the individual’s assigned sex at birth),
Physical or mental disability,
Religion,
Age,
Ancestry,
National origin, and
Familial status.

In addition, 5 M.R.S. § 4572 adds these three protected categories:

Because of the applicant's previous assertion of a claim or right under Workers’ Compensation,
Because of previous actions taken by the applicant to report or refuse to commit illegal acts, or
Because the applicant sought and received an order of protection.

Crown Act

On April 20, 2022, Maine enacted a law to prohibit racial discrimination in employment and education based on hair texture or hairstyle. To implement this prohibition in employment discrimination, the term “race” was amended in the law to include traits associated with race, including hair texture, Afro hairstyles and protective hairstyles. The term “protective hairstyles” was also defined to include braids, twists, and locks.

Sexual orientation

“Sexual orientation” means a person’s actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression.

The protections afforded are the same as those for other protected classes, such as hiring, firing, and other employment decisions.

Maine law also includes a provision regarding sex discrimination wage claims by clarifying that employers may not prohibit employees from disclosing the employee’s own wages or from inquiring about another employee’s wages if the purpose of the disclosure or inquiry is to enforce the “equal pay for equal work” provisions of law. However, this rule does not create any obligation to disclose wages.

Tobacco use

Employers may not require that employees or applicants refrain from tobacco use outside the course of employment, provided the individuals comply with workplace policies regarding tobacco.