A. For any employer to fail or refuse to hire or otherwise discriminate against any applicant for employment because of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry, national origin or familial status, because of the applicant's previous assertion of a claim or right under former Title 39 or Title 39‑A, because of previous actions taken by the applicant that are protected under Title 26, chapter 7, subchapter 5‑B or because the applicant sought and received an order of protection under Title 19‑A, section 4007; or, because of those reasons, to discharge an employee or discriminate with respect to hire, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment or any other matter directly or indirectly related to employment; or, in recruiting of individuals for employment or in hiring them, to utilize any employment agency that the employer knows or has reasonable cause to know discriminates against individuals because of their race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry, national origin or familial status, because of their previous assertion of a claim or right under former Title 39 or Title 39‑A, because of previous actions that are protected under Title 26, chapter 7, subchapter 5‑B or because the applicant sought and received an order of protection under Title 19‑A, section 4007.  

B. For any employment agency to fail or refuse to classify properly, refer for employment or otherwise discriminate against any individual because of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry, national origin or familial status, because of the individual's previous assertion of a claim or right under former Title 39 or Title 39‑A, because of previous actions taken by the individual that are protected under Title 26, chapter 7, subchapter 5‑B or because the individual sought and received an order of protection under Title 19‑A, section 4007; or to comply with an employer's request for the referral of job applicants if a request indicates either directly or indirectly that the employer will not afford full and equal employment opportunities to individuals regardless of their race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry, national origin or familial status, because of previous assertion of a claim or right under former Title 39 or Title 39‑A, because of previous actions that are protected under Title 26, chapter 7, subchapter 5‑B or because the individual sought and received an order of protection under Title 19‑A, section 4007;   [PL 2021, c. 366, §5 (AMD); PL 2021, c. 476, §1 (AMD).]

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 or gender identity, physical or mental disability, religion, age, ancestry, national origin or familial status, because of the applicant's previous assertion of a claim or right under former Title 39 or Title 39‑A, because of previous actions taken by the applicant that are protected under Title 26, chapter 7, subchapter 5‑B or because the applicant sought and received an order of protection under Title 19‑A, section 4007; 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 or gender identity, physical or mental disability, religion, age, ancestry, national origin or familial status, because of the member's previous assertion of a claim or right under former Title 39 or Title 39‑A, because of previous actions taken by the member that are protected under Title 26, chapter 7, subchapter 5‑B or because the applicant sought and received an order of protection under Title 19‑A, section 4007; 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;   [PL 2021, c. 366, §5 (AMD); PL 2021, c. 476, §1 (AMD).]

D. For any employer, employment agency or labor organization, prior to employment or admission to membership of any individual, to:  

E. For an employer, employment agency or labor organization to discriminate in any manner against individuals because they have opposed a practice that would be a violation of this Act or because they have made a charge, testified or assisted in any investigation, proceeding or hearing under this Act. This paragraph does not limit the liability of persons pursuant to section 4633.   [PL 2021, c. 366, §5 (AMD).]

A. The prohibition of this subsection against discrimination includes medical examinations and inquiries.   [PL 1995, c. 393, §13 (NEW).]

B. Except as provided in paragraph C, a covered entity may not conduct a medical examination or make inquiries of a job applicant as to whether the applicant is an individual with a disability or as to the nature or severity of the disability. A covered entity may make preemployment inquiries into the ability of an applicant to perform job-related functions.   [PL 1995, c. 393, §13 (NEW).]

C. A covered entity may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of the applicant and may condition an offer of employment on the results of the examination, if:  

D. A covered entity may not require a medical examination and may not make inquiries of an employee as to whether the employee is an individual with a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job-related and consistent with business necessity.   [PL 1995, c. 393, §13 (NEW).]

E. A covered entity may conduct voluntary medical examinations, including voluntary medical and disability information and history, that are part of an employee health or wellness program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform job-related functions. Information obtained under this paragraph regarding the medical and disability information and history of an employee is subject to the requirements of paragraph C, subparagraphs (2) and (3).   [PL 2019, c. 667, Pt. A, §8 (AMD).]

F. For purposes of this subsection, a test to determine the illegal use of drugs may not be considered a medical examination.