The Maine Human Rights Act prohibits employment practices that discriminate on the basis of disability.
The Act covers all employers regardless of size, labor organizations, and employment agencies (ME Rev. Stat. Tit. 5 Sec. 4551 et seq.).
Applicants. An employer may not ask a job applicant about the existence, nature, or severity of a disability. An employer may ask about an applicant's ability to perform job-related functions (ME Rev. Stat. Tit. 5 Sec. 4572(2)).
Once an offer has been made and before an applicant begins to work, an employer may require an exam and condition the job offer on the exam results, provided:
• The exam is given to all applicants who have been offered jobs in the same job category, regardless of disability.
• Information gathered during the exam is maintained on separate forms and in separate files, and treated as a confidential medical record.
Employees. Employees may be given a medical exam if it is job-related and consistent with business necessity. For example, an employer may require an exam when there is a need to determine whether an employee is still able to perform the essential functions of his or her job.
Voluntary medical exams that are part of a wellness program available to employees at the workplace are permitted. Medical information obtained through a voluntary exam must be treated as a confidential record.