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apprenticeship program. The employer or labor organization | | bears the burden of demonstrating that such a relationship | | exists; |
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| | | Sec. 9. 5 MRSA §4572, sub-§1, ¶D, as amended by PL 1995, c. 393, §12, | | is further amended to read: |
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| | | D. For any employer, employment agency or labor | | organization, prior to employment or admission to membership | | of any individual, to: |
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| | | (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 |
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| | | (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; |
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| | | (3) Use any form of application for employment, or | | personnel or membership blank containing questions or | | entries 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 | | B. This section does not prohibit any officially | | recognized government agency from keeping records | | permitted to be kept under this Act in order to provide | | free services to individuals requesting rehabilitation | | or employment assistance; |
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| | | (4) Print, publish or cause to be printed or published any | | notice or advertisement relating to employment or membership | | indicating any preference, limitation, specification or | | discrimination based upon race or color, sex, sexual orientation, | | physical or mental |
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