Maine Selection and Testing laws & HR compliance analysis

Maine Selection and Testing: What you need to know

The Maine Human Rights Act prohibits employment discrimination based on race, color, sex (includes pregnancy and related medical conditions), sexual orientation (including gender identity), disability, religion, age, ancestry, national origin, an applicant’s previous assertion of rights under workers’ compensation laws, or protected actions under state whistleblower lawsunless a characteristic is a bona fide occupational qualification (BFOQ), i.e., is necessary in order to perform the job in question. In addition, employers are prohibited from printing or circulating any job notice or advertisement indicating a discriminatory preference, specification, or limitation, unless the preference, limitation, or specification is based on a BFOQ. The law applies to all employers in the state (ME Rev. Stat. Tit. 5 Sec. 4551 et seq.).
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Employment agencies. An employer is prohibited from using the recruitment services of an employment agency that the employer knows, or has reason to know, discriminates based on a protected characteristic (ME Rev. Stat. Tit. 5 Sec. 4572(1)(A)).
Genetic information and testing. A separate law prohibits employers from discriminating against employees or applicants based on genetic information, a refusal to provide genetic test results or to submit to genetic testing, or based on the fact that the individual received a genetic test or genetic counseling, unless such factors constitute a BFOQ (ME Rev. Stat. Tit. 5 Sec. 19301 et seq. ).
Employers may generally use any professionally developed aptitude test when selecting employees as long as the test is job related, is consistent with business necessity, and is not designed, intended, or used to discriminate against a ...

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