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Summary of differences between federal and state regulations
Employer defined
“Employer” means any person, partnership, firm, association, corporation, employment agency, labor organization, joint apprenticeship committee or other legal entity, public or private, that is located or doing business in the State. The term “employer” includes, but is not limited to:
- Any person, partnership, firm, association or corporation acting in the interest of any employer, directly or indirectly; and
- The State in its capacity as an employer.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Guidelines on Discrimination Because of Sex. A complaint of discrimination must be filed with the Human Rights Commission not more than six months after the act of alleged discrimination occurred.
Notice to employees
Al employers must act to ensure a workplace free of sexual harassment by implementing the following minimum requirements.
Employers must provide annually all employees with individual written notice that includes at a minimum the following information:
- the illegality of sexual harassment;
- the definition of sexual harassment under state law;
- a description of sexual harassment, utilizing examples;
- the internal complaint process available to the employee;
- the legal recourse and complaint process available through the commission;
- directions on how to contact the commission; and
- the protection against retaliation.
The notice must be delivered in a manner to ensure notice to all employees without exception, such as including the notice with an employee’s pay.
Training
In workplaces with 15 or more employees, employers must conduct an education and training program for all new employees within one year of commencement of employment that includes, at a minimum, the following information:
- the illegality of sexual harassment;
- the definition of sexual harassment under state and federal laws and federal regulations, including the Maine Human Rights Act and the Civil Rights Act of 1964;
- a description of sexual harassment, utilizing examples;
- the internal complaint process available to the employee;
- the legal recourse and complaint process available through the commission;
- directions on how to contact the commission; and
- the protection against retaliation.
Employers must conduct additional training for supervisory and managerial employees within one year of commencement of employment that includes, at a minimum, the specific responsibilities of supervisory and managerial employees and methods that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.
Education and training programs conducted by the state, a county or a municipality for its public safety personnel, including, but not limited to, law enforcement personnel, corrections personnel and firefighters, may be used to meet training and education requirements mandated by any other law, rule or other official requirement.
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.
Posting
An employer must post in a prominent and accessible location in the workplace a poster providing, at a minimum, the following information:
- the illegality of sexual harassment;
- a description of sexual harassment, utilizing examples;
- the complaint process available through the commission; and
- directions on how to contact the commission.
The text of this poster may meet but may not exceed 6th-grade literacy standards. Upon request, the commission will provide this poster to employers.
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
Statutes: Title 26, Chapter 7, Subchapter 4-B: Sexual Harassment Policies
http://www.mainelegislature.org/legis/statutes/26/title26ch7sec0.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
29 CFR Part 1604, Guidelines on Discrimination Because of Sex