| | |
against any member because of race or color, sex, sexual | | orientation, physical or mental disability, religion, age, | | ancestry or national origin, because of the member's previous | | assertion of a claim or right under former Title 39 or Title | | 39-A or because of previous actions taken by the member that | are protected under Title 26, chapter 7, subchapter V-B | | or to cause or attempt to cause an employer to discriminate | | against an individual in violation of this section, except | | that it is lawful for labor organizations and employers to | | adopt a maximum age limitation in apprenticeship programs, if | | the employer or labor organization obtains prior approval from | | the Maine Human Rights Commission of any maximum age | | limitation employed in an apprenticeship program. The | | commission shall approve the age limitation if a reasonable | | relationship exists between the maximum age limitation | | employed and a legitimate expectation of the employer in | | receiving a reasonable return upon the employer's investment | | in an apprenticeship program. The employer or labor | | organization bears the burden of demonstrating that such a | | relationship exists; |
|
| | | Sec. 12. 5 MRSA §4572, sub-§1, ¶D, as amended by PL 1995, c. 393, §12, | | is further amended to read: |
|
| | | D. For any employer, employment agency or labor | | organization, prior to employment or admission to membership | | of any individual, to: |
|
| | | (1) Elicit or attempt to elicit information directly | | or indirectly pertaining to race or color, sex, sexual | | orientation, physical or mental disability, religion, | | age, ancestry or national origin, any previous | | assertion of a claim or right under former Title 39 or | | Title 39-A or any previous actions that are protected | under Title 26, chapter 7, subchapter V-B |
|
| | | (2) Make or keep a record of race or color, sex, | | sexual orientation, physical or mental disability, | | religion, age, ancestry or national origin, any | | previous assertion of a claim or right under former | | Title 39 or Title 39-A or any previous actions that are | protected under Title 26, chapter 7, subchapter V-B | | B, except under physical or mental disability when an | | employer requires a physical or mental examination | | prior to employment, a privileged record of that | | examination is permissible if made and kept in | | compliance with this Act; |
|
|
