['Discrimination']
['Pregnancy Discrimination']
04/26/2024
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Summary of differences between federal and state regulations
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 Pregnancy Discrimination Act. For example, the state law requires that employers treat disabilities caused by pregnancy or pregnancy-related conditions in the same manner as any other disability.
Notwithstanding any other provision of law, a mother may breast-feed her baby in any location, public or private, where the mother is otherwise authorized to be.
A complaint of discrimination must be filed with the Human Rights Commission not more than six months 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.
State
Contact
Regulations
Statutes: Title 5, Part 12, Chapter 337 Human Rights Act
http://www.mainelegislature.org/legis/statutes/5/title5ch337sec0.html
Statutes: Title 5, Part 12, Chapter 337-A Protection from Harassment
http://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
http://www.maine.gov/sos/cec/rules/90/94/348/348c003.doc
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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