Maine Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Maine Pre-Employment Inquiries (Interviewing): What you need to know

The Maine Human Rights Act prohibits employers from inquiring about, or attempting to elicit, information that is directly or indirectly related to an applicant's race, color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, previous claim brought under the Workers' Compensation Act, or protected action under the Whistleblower's Act, unless based on a bona fide occupational qualification (BFOQ) (ME Rev. Stat. Tit. 5 Sec. 4551 et seq. ,ME Rev. Stat. Tit. 26 Sec. 831et seq. , ME Rev. Stat. Tit. 39-A Sec. 101 et seq.). The law applies to all public and private employers.
Questions about a disability. Employers may not ask about the existence, nature, or extent of an applicant's disability until after a conditional offer of employment has been made (ME Rev. Stat. Tit. 5 Sec. 4572(2)). Employers may ask if an applicant is able to perform job-related functions.
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Acquired immunodeficiency syndrome (AIDS) testing. Employers are prohibited from requiring an applicant or employee to submit to an AIDS test as a condition of employment or to maintain employment unless based on a BFOQ (ME Rev. Stat. Tit. 5 Sec. 19201 et seq.). Informed consent is required for AIDS testing, and the disclosure of results is strictly limited.
Smokers' rights. Employers are prohibited from requiring employees or applicants, as a condition of employment, to refrain from using tobacco products outside the course of employment (ME Rev. Stat. Tit. 26 Sec. 597). Employers may require compliance with workplace smoking policies.
Social media. Employers in Maine are restricted in their ability to access the personal social media accounts of applicants and employees (ME Rev. Stat. Tit. 26 Sec. 615).

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