C. For any labor organization to exclude from apprenticeship or |
membership or to deny full and equal membership rights to any |
applicant for membership because of race or color, sex, sexual |
orientation, physical or mental disability, religion, age, |
ancestry or national origin, because of the applicant's previous |
assertion of a claim or right under former Title 39 or Title 39-A |
or because of previous actions taken by the applicant that are |
protected under Title 26, chapter 7, subchapter V-B 5-B; or, |
because of those reasons, to deny a member full and equal |
membership rights, expel from membership, penalize or otherwise |
discriminate with respect to hire, tenure, promotion, transfer, |
compensation, terms, conditions or privileges of employment, |
representation, grievances or any other matter directly or |
indirectly related to membership or employment, whether or not |
authorized or required by the constitution or bylaws of that |
labor organization or by a collective labor agreement or other |
contract; to fail or refuse to classify properly or refer for |
employment or otherwise discriminate 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 5-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 |