The Maine Human Rights Act prohibits discrimination in employment based on race, color, sex (including pregnancy and related medical conditions), sexual orientation (actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression), disability, religion, age (including a prohibition against mandatory retirement), ancestry, or national origin (ME Rev. Stat. Tit. 5 Sec. 4551 et seq.). Discrimination based on sex includes sexual harassment. An employer may not discriminate against individuals because they have filed a claim or otherwise asserted their rights under the Act.
The Act covers all employers in the state, out-of-state employers with employees working in the state, employment agencies, and labor unions.
Under the Act, it is unlawful for an employer to take any of the following actions based on an individual's protected characteristic or because the individual has asserted his or her rights under the Act:
• Fail to hire, refuse to hire, or otherwise discriminate against any applicant for employment.
• Discharge an employee or discriminate with respect to hiring, tenure, promotion, transfer, compensation, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment.
• Utilize any employment agency that the employer knows or has reason to know discriminates unlawfully.
• Elicit or attempt to elicit preemployment information directly or indirectly pertaining to an individual's protected characteristics.
• Make or keep a record of an individual's protected characteristics, except for a privileged record of a preemployment physical exam, which must be kept confidential.
• Use an application form containing questions or entries ...