The Maine Equal Pay Law prohibits employers from discriminating against employees in the same establishment on the basis of sex by paying wages to any employee in any occupation in the state at a rate less than the rate it pays any employee of the opposite sex for comparable work on jobs requiring comparable skill, effort, and responsibility (ME Rev. Stat. Tit. 26 Sec. 628). The law applies to public employers and all private employers regardless of size.
Under the Law, it is unlawful for an employer to:
• Reduce any employee's wage rate in order to comply with the Law.
• Require or permit any person, as a condition of obtaining or keeping a job, to work without monetary compensation or to agree to return part of their compensation to the employer.
• Discharge or discriminate against any employee for invoking or assisting in any manner in the enforcement of the Law.
Pay history inquiries. The Law prohibits an employer from using or inquiring about a job applicant’s compensation history (ME Rev. Stat. Tit. 26 Sec. 628-A). An employer may not ask the applicant or the applicant’s current or former employer about the compensation history until after an offer of employment that includes all terms of compensation has been negotiated and made to the applicant. After the employment offer, an employer may inquire about or confirm the applicant’s wage history. There is an exception for employers that inquire about compensation history under any federal or state law that specifically requires pay disclosure or verification for employment purposes.
Right to discuss wages. Under the Law, employers may not prohibit an employee from disclosing information about his or her own wages or from inquiring about or ...