An Act To Protect Workers from Political or Religious Intimidation
Maine Legislature, Session 122, LD 1924
Committee: Labor
Sponsors: EDMONDS, BARTLETT, BRYANT, SCHNEIDER, STRIMLING, SULLIVAN, PATRICK, PINEAU

Legislative Document 
No. 1924 
S.P.724 
In Senate, January 4, 2006 
An Act To Protect Workers from Political or Religious Intimidation 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by President EDMONDS of Cumberland. 
Cosponsored by Representati ve SMITH of Van Buren and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BARTLETT of Cumberland, BRYANT of Oxford, SCHNEIDER of Penobscot, 
STRIMLING of Cumberland, SULLIVAN of York, Representatives: PATRICK of Rumford, 
PINEAU of Jay. 
Pnnlt'd Ill! rt'r.:~ deu paper 
Be it enacted by the People of the State of Maine 3l' folhnv~ 
Sec. 1. 26 MRS A c. 7, sub-c. 11 is enacted tc read: 
SUBCHAPTER 11 
~~_~CAI~ 
__ a_~ED QIiJ 
poLITICAL OR RELIGIOUS VIEWS 
S070. 
EmPloyment action based on political or religious views 
1. 
Definitions. 
As 
used in this subchapter. unless the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Employer" means any public or private employer. 
B. 
"Political matter" means: 
(1) 
Party affiliation; 
(2) 
Support for or opposition to a candidate for, or a 
holder of, public office: 
(3) 
A partisan or nonpartisan public policy issue 
presented for the vote of the electors in the form of a 
constitutional amendment. 
a new or amended law or the 
repeal of a law; or 
(4) 
Support for or opposition to joining any lawful 
political. social, community or labor organization. 
2. 
EmPloyment action based o~~itical or religious views 
p~ibited. 
An employer may not directly or indirectly appoint. 
demote, suspend, layoff, discharge or in any manner change the 
official 
rank 
or 
compensation of 
an 
employee 
or 
promise 
or 
threaten to take any such action or harass, discipline or coerce 
an employee because the employee: 
A. 
Gives support to or refuses to give support to any view 
or position on a religious or political matter: 
B. 
Attends 
or 
refuses 
to 
attend 
an 
employer-sponsored 
meeting, the primary purpose of which is to communicate the 
employer's opinion about a religious or political matter; or 
C. 
Par~icipates in 
or 
refuses 
to 
participate 
in 
any 
communication, 
the 
primary 
purpose 
of 
which 
is 
to 
communicate 
the employer's opinion about 
a 
religious or 
political matter. 
Page l-LR2795(2) 
3. 
Retaliation for 
re-PQrting violations prohibited. 
An 
employer may not demote, suspend, layoff, discharge or otherwise 
penalize 
or 
threaten 
to 
penalize 
an 
employee 
because 
the 
~ployee, or a person acting on behalf of the employee, makes a 
good faith report. orally or in writing, of a violation or a 
suspected violation of this section. 
4. 
Exceptions. 
This section does not prohibit an employer 
from taking employment action when religious or political beliefs 
or communications are a bona fide part of the employee' s 
job 
responsibilities. 
5. 
Violation. 
An 
employer 
who 
violates 
this 
section 
a fine of not less than $100 
commits a civil violation for which 
nor more than $500 for each violation may be adjudged. 
6. 
Enforc~meAt.. 
An aggrieved employee may bring a civil 
sLGJ;,.ion 
to enforce this section in the Superior Court having 
jurisdiction where the violation is alleged to have occurred or 
where the employer has its principal office. 
The court may award 
a 
prevailing 
employee 
all 
appropriate 
relief, 
including 
injunctive relief, rehiring or reinstatement of the employee to 
the employee' s former position, back pay and reestablishment of 
any employee benefits to which the employee would otherwise have 
been eligible if the violation had not occurred. 
The court shall 
award 
a 
prevailing 
employee 
treble 
damages, 
together 
with 
reasonable attorney's fees and costs. 
7. 
Rights 
preserved. 
This 
section 
does 
not 
limit 
an 
employee's right to bring action under any other common law or 
statute relating to employment. 
This section does not diminish 
or--.impair the rights of a person under a collective bargaining 
agreement. 
SUMMARY 
This bill prohibits 
an 
employer 
from 
discriminating 
in 
employment matters 
on the basis of an employee's support or 
opposition to the employer's political or religious views or the 
employee's willingness or refusal to participate in meetings or 
communication related to the employer's political or religious 
views.