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 |
apprenticeship program. The employer or labor organization |
bears the burden of demonstrating that such a relationship |
exists; |