A Guide for Maine Workers and Their Families:
Discrimination on the job--what can I do?

Guide Contents

Contents of this page
2.1 The Maine Human Rights Act protects you against unlawful discrimination

2.1 The Maine Human Rights Act

The Maine Human Rights Act protects you against unlawful discrimination. You can file a charge of discrimination with the Maine Human Rights Commission (the Commission) if you think you have been treated differently than your co-workers because of your:

• Race or color
• Sex (includes pregnancy status)
• Religion
• Sexual orientation (or perceived sexual orientation)
• Age
• Physical or mental disability
• Ancestry or national origin
• Genetic pre-disposition (Your employer can’t require you to have genetic testing done, and the results of any genetic testing can’t be used to treat you differently. For example, if your mother, sister, and aunt all have had breast cancer, you can’t be required to have genetic testing done to see if you are likely to get breast cancer, too.)

Does the Maine Human Rights Commission investigate other job discrimination?

The Commission also investigates complaints of discrimination in employment when your employer treats you differently because:

• You told your employer you thought he or she was breaking the Maine Human Rights Act, or because you were involved in a Commission investigation. This is called “retaliation.”
• You requested accommodation at your workplace for a medical or psychological condition.
• You made a workers’ compensation claim in the past.
• You told your employer that you were being sexually harassed at work.
• You reported unsafe or illegal conditions at your workplace (find out more about this).

My employer treats me unfairly, but not for any of these reasons. Should I file a charge of discrimination?

Your employer may have made an unfair decision for another reason that isn’t covered by the Maine Human Rights law. For example, your employer may have fired you in order to hire one of his or her relatives. While this may be unfair, it is not illegal. If you aren’t sure if what’s happened to you is against the law, you can call the Maine Human Rights Commission and talk to an intake worker.

What kinds of job discrimination does the Maine Human Rights law cover?

The law covers job discrimination related to:

• Hiring
• Firing
• Pay rates
• Job assignments
• Decisions about promoting, layoffs, or recalls
• Required testing, including medical tests
• Training opportunities
• Fringe benefits
• Retirement plans, disability benefits, or any other employment benefits
• Harassment (including sexual harassment or harassment because of your race, age, disability, or any of the other categories protected by the Human Rights Act)
• Any other terms, conditions or privileges of employment

What is sexual harassment?

Illegal sexual harassment can include:

• Unwelcomed sexual advances
• Obscene or suggestive remarks
• Unwanted hugs, touches, kisses
• A request for sexual favors
• The unwanted display of pornography
• Repeated sexually offensive or off-color jokes

Both men and women have the right to make a sexual harassment complaint.

For more information:

Visit the MHRC website for their brochure on sexual harassment.

I’m a woman and my male co-worker is being paid more than me. Is this legal?

Employers have to pay men and women the same wage for doing the same work. If men get a pay raise based on experience or the number of years worked at the company, women should get the same pay raise. If you don’t have the same rate of pay as your co-workers, and you think it’s because of your sex or age or one of the other categories covered under the Maine Human Rights Act, you can contact the MHRC to talk to them about filing a complaint.

It is important to know that in Maine, “equal work” doesn’t need to be exactly the same job. Maine law also requires employers to pay the same wage for jobs that are “comparable.” This means that two jobs that may have a different title, but really require the same amount of skill, effort, and responsibility, must be paid the same.

Example: Lauren works as a clerk for a hardware store. Tom works as a warehouseman for the same store. Lauren’s job duties include working in the warehouse, on the floor, and at the cash register. Tom works mostly in the warehouse, but also sometimes on the floor of the store. Even though they have different jobs, the employer may be required to pay them equally if the level of skill, effort, and responsibility in both of their jobs is comparable.

Sometimes there are two jobs that are nearly the same, but one has a few extra responsibilities. In this case, it would probably be legal to pay more to the person with more responsibility. The law also allows employers to pay workers doing the same or comparable jobs differently when there is a legitimate reason for the difference. For example, workers can be paid differently based on the length of time they worked for the employer, how well they do the job, or for the amount of work they produce—but only if these factors are applied equally to all workers.

If you are a woman and think you are being paid less than your male co-worker for a comparable job, you can file a complaint with the Maine Department of Labor (MDOL), the department that enforces this part of the law. Find an Equal Pay Complaint form from the MDOL online, or call (207) 626-6400.

For more information on pay discrimination:

Maine Department of Labor, Wage and Hour Division
45 State House Station
Augusta, ME 04333
Voice: (207) 626-6400

Maine Equal Justice
Voice: (207) 626-7058 or toll-free at 1 (866) 626-7059

What should I do if I think I’ve been discriminated against?

If you think your employer has discriminated against you for one of the reasons covered by the law (like your age, race, or gender), here are some of the actions you can take:

• Talk with your supervisor and see if the problem can be fixed. You may be able to solve the problem without filing a complaint with the MHRC. For example, if one of your co-workers is sexually harassing you, tell your supervisor so he or she has a chance to fix the problem. If your supervisor is the one who is sexually harassing you, talk to the person who supervises him or her.
• Find out if any of your co-workers think they have been discriminated against, too. For example, other women on your shift may also feel that they should have been given a promotion that went to a less qualified man. Or other older employees may also feel they are being pushed out of the workplace. If you find others with the same concerns, you may be able to work together to change your work situation.
• File a complaint with the MHRC

How do I file a complaint with the Maine Human Rights Commission (MHRC)?

The first step is to call or write the Maine Human Rights Commission (MHRC) and tell them you would like to file a complaint against your employer. You will be asked to fill out an intake questionnaire, and then an MHRC intake worker will help you write and file a complaint.

You can also begin the process of filing a complaint online, and submitting an intake form electronically.

Your complaint has to be notarized and filed within 6 months of the date of the discrimination. [If you miss this 6-month deadline, you still may be able to file with the federal Equal Employment Opportunity Commission (EEOC)]. Your claim must be against an employer with 15 or more employees, and must be covered by EEOC law. You must file with the EEOC within 300 days of the discrimination. The EEOC will investigate your complaint, instead of the MHRC. You can file the EEOC complaint at the MHRC and the MHRC staff will help you draft the complaint.

The MHRC will investigate your complaint. First, they will send a copy of your complaint to your employer. Then the investigator may ask you and your employer questions to learn more about what happened. They may also talk to witnesses. You and your employer can agree at any point in the process to work out a settlement. This might include back pay, getting your job back, and attorney’s fees. If you and your employer can’t resolve the matter, a report will be written and the MHRC Commissioners will decide if they think there are “reasonable grounds” to believe unlawful discrimination happened. The MHRC may decide to take the case to court if you and your employer still can’t resolve the problem, or you can ask a private attorney to take your case to court.

Does the Maine Human Rights Act only cover employment?

No, it also covers discrimination in these other areas: housing, education, access to public accommodations, and credit transactions.

How do I contact the Maine Human Rights Commission (MHRC)?

Maine Human Rights Commission
51 State House Station
Augusta, ME 04333
Voice: (207) 624-6290
TTY: 1 (888) 577-6690
Fax: (207) 624-8729

How do I contact the Equal Employment Opportunity Commission (EEOC)?

Equal Employment Opportunity Commission
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
Voice: 1 (800) 669-4000
TTY: 1 (800) 669-6820
Fax: 1 (617) 565-3196