Disability discrimination - Maine

Summary of differences between federal and state regulations

The state of Maine laws governing disability discrimination includes the following provisions:

Employer defined

“Employer” includes:

• Any person in the state employing any number of employees, whatever the place of employment of the employees, and any person outside the state employing any number of employees whose usual place of employment is in the 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.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Americans With Disabilities Act. For example, the state law includes provisions for bona fide occupational qualifications, and requires that employers make reasonable accommodations.

A complaint of discrimination must be filed with the Human Rights Commission not more than 300 days after the act of alleged discrimination occurred.

Recordkeeping

Any personnel or employment record (including, but not limited to: employment application forms, applicant and employee rating sheets, tests, and other records having to do with job referral, hiring, promotion, demotion, transfer, lay-off, rates of pay or other terms of compensation, seniority, labor organization memberships or selection for training or apprenticeship) made or kept by an employer, employment agency or labor organization must be preserved for at least one year from the date of the making of the record or the personnel action involved, whichever occurs later. When an employee has been involuntarily terminated, the personnel records of the individual terminated must be kept for one year from the date of termination.

Mitigating measures

Maine law is similar to the federal ADA, as the existence of a disability is determined without regard to the ameliorative effects of mitigating measures such as medication, auxiliary aids, or prosthetic devices.

State

Contact

Human Rights Commission

Regulations

Statutes: Title 5, Part 12, Chapter 337 Human Rights Act
www.mainelegislature.org/legis/statutes/5/title5ch337sec0.html

Statutes: Title 5, Part 12, Chapter 337-A Protection from Harassment
www.mainelegislature.org/legis/statutes/5/title5ch337-Asec0.html

Maine Human Rights Commission, 94-348, Chapter 3, Employment Regulations of the Maine Human Rights Commission
www.maine.gov/mhrc/laws/index.htm

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

Americans With Disabilities Act

29 CFR Parts 1630, Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act