An Act To Protect Workers from Political or Religious Intimidation
Maine Legislature, Session 123, LD 1545
Committee: Labor
Sponsors: FAIRCLOTH, STRIMLING, PATRICK, TUTTLE, WATSON, WEBSTER

Legislative Document 
No. 1545 
H.P. 1070 
House of Representatives, March 20, 2007 
An Act To Protect Workers from Political or Religious Intimidation 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative FAIRCLOTH of Bangor. 
Cosponsored by Senator STRIMLING of Cumberland and 
'71/~ /h. 7!!tU:~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: PATRICK of Rumford, TUTTLE of Sanford, WATSON of Bath, WEBSTER 
of Freeport. 
Prinled on recycleJ paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA c. 7, sub-c. 11 is enacted to read: 
SUBCHAPTER 11 
EMPLOYMENT ACTION BASED ON 
POLITICAL OR RELIGIOUS VIEWS 
§878. Employment action based on political or religious views 
1. Definitions. As used in this subchapter, unless the context othem i.se indicates. 
the following terms have the following meanings. 
A. "Employer" means any public or private emplover. 
B. "Political matter" means: 
II 
(I) Party affiliation; 
(2) Support for or opposition to a candidate for, or a holder of. public office; 
(3) A partisan or nonpartisan public pol icy 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 on political or religious views prohibited. 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. 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 
B. 
Participates 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. 
3. Retaliation for reporting violations prohibited. An employer may not demote, 
suspend, layoff, discharge or otherwise penalize or threaten to penalize an employee 
because the employee, 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 ofthis 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. 
Page I - 123LR1224(Ol)-1 
5. Remedies. An employee who alleges a violation of that employee's rights under 
this section may bring a complaint before the Maine Human Rights Commission for 
action under Title 5, section 4612 as long as the employee has first brought the alleged 
violation to the attention of a person having supervisory authority with the employer and 
has allowed the employer a reasonable oPPOliunity to correct that violation. Prior notice 
to an emplo~r is not required if the employee has specific reason to believe that reports 
to the employer will not result in a prompt correction of the violation. 
6. Rights preserved. This section does not limit an emplovee's right to bring action 
under any other common law or statute relating to emplovment. This section does not 
diminish or impair the Ijghts of a person under a collective bargllining agreement. This 
section does not prohibit an employer from banning political s~ch in the vvorkplace 
during work hours. This section may not be constru~iao~i!lli!:!~lLQ.r.irnpair the rights of 
either emgillITrs or employees under the National Labor Relations Act 29 United States 
Code, Section 151 et seq. 
SUMMARY 
This bill prohibits an employer from discriminating in employment matters on the 
basis of an employee's refusal to participate in meetings or communication related to the 
employer's political or religious views. An employee seeking redress must allow the 
employer to correct the violation; any further action by the employee must be through the 
Maine Human Rights Commission. The bill does not affect the right of the employer to 
ban political speech in the workplace during work hours.