Maine Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Maine and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Does Maine Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, some of the laws in Maine differ from federal fair hiring laws.

The state has a ban-the-box law in place (“An Act Relating to Fair Chance in Employment”). This law restricts employers from requesting criminal history records from applicants on initial application forms. Additionally, employers cannot restrict against hiring individuals with criminal histories, whether on the application form, job listing, or elsewhere.

Employers may inquire into such information after the initial application, but they must give an applicant the opportunity to explain the circumstances surrounding any convictions prior to final hiring decisions being made. Some exemptions apply, including positions subject to state and federal criminal history qualifications or background check requirements.

Criminal history record information (as defined in the law) includes:

• Arrests
• Sentences
• Confinement
• Convictions
• Bail
• Pending criminal proceedings
• Formal charges and/or indictments

Do Maine Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

The Equal Pay Law in Maine shares similarities to the federal EPA, although it has some stronger protections. Maine law does not require the showing of intent to discriminate, and it also includes restrictions around pay discrimination based on race.

Do Maine Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

The Maine Human Rights Act offers protection for employees of all ages, while the ADEA includes individuals ages 40 and over. The state law also applies to any employer with at least 1 employee and permits employees who have faced age-related discrimination to recover lost wages through the legal system.

Do Maine Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Maine’s Human Rights Act includes protections for people with disabilities. It applies to all employers in the state, regardless of size, prohibiting discrimination based on disability in hiring. Executive Orders in the state also reaffirm the legislation’s commitment to including individuals with disabilities in all aspects of society and ensuring accessibility.

Do Maine Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Maine follows the federal GINA regarding genetic-based discrimination in hiring. The state does have a law in place regarding such discrimination that applies to insurers.

Do Maine Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The Maine Human Rights Act shares some commonalities with Title VII of the Civil Rights Act. However, amendments made to the state law in 2023 added protections against discrimination in hiring based on sexual orientation and gender identity (including gender expression). Increases also occurred to the maximum limits on punitive and compensatory damages.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Maine?

No, there are no differing laws in municipalities or cities in Maine.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.