An Act To
Maine Legislature, Session 126, LD 1157
Committee Amendment CA_A_H402 (House)

COMMITTEE AMENDMENT "Pt" to H.P. 822, L.D. 
Establish the Fair Chance for Employment Act" 
1157, Bill, "An Act To 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 26 MRSA c. 7, sub-c. l-C is enacted to read: 
SUBCHAPTER l-C 
FAIR CHANCE FOR EMPLOYMENT ACT 
§614. Short title 
This subchapter may be known and cited as "the Fair Chance for Employment Act. " 
§615. Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1. Current employment status. "Current employment status" means an individual's 
current status as employed or unemployed. 
2. Employer. "Employer" means a person engaged in commerce or any industry or 
activity affecting commerce that has 15 or more employees for each working day in each 
of 20 or more calendar weeks in the current or preceding calendar year and includes: 
A. A person who acts, directly or indirectly, in the interest of an employer with 
respect to employing individuals to work for the employer; and 
B. Any successor in interest of an employer. 
3. 
Employment agency. 
"Emplovment agency" means a person regularly 
undertaking, with compensation and for profit, to procure employees for an employer or 
COMMITTEE AMENDMENT 
~o~£, 
COMMITTEE AMENDMENT" A 
.. to H.P. 822, L.D. 1157 
to procure for individuals opportunities to work for an employer and includes an agent of 
such a person. 
4. Online job website. "Online job website" means any publicly accessible website 
that provides online job postings. 
5. Person. "Person" means an individual, partnership, association, corporation, 
business trust, legal representative or any organized group of persons. 
§616. Prohibited acts 
1. Employers; unlawful practices. An employer may not publish, in print, on the 
Internet or in any other medium, an advertisement or announcement for a job vacancy 
that includes: 
A. A provision stating or indicating that current employment status is a requirement 
or qualification for the job; or 
B. A provision stating or indicating that an employer will not consider an individual 
for employment based on current employment status. 
2. Employment agencies; unlawful practices. An employment agency may not 
publish, in print, on the Internet or in any other medium, an advertisement or 
announcement for a job vacancy that includes: 
A. A provision stating or indicating that current employment status is a requirement 
or qualification for the job; or 
B. A provision stating or indicating that the employer will not consider individuals 
for employment based on current employment status. 
3. Online job websites; unlawful practices. A person may not publish on an online 
job website an advertisement or announcement for a job vacancy that includes: 
A. A provision stating or indicating that current employment status is a requirement 
or qualification for the job; or 
B. A provision stating or indicating that the employer will not consider individuals 
for employment based on current employment status. 
4. Civil violation. A person that violates subsection 1, 2 or 3 commits a civil 
violation for which a fine of not less than $250 and not more than $1,000 for each 
violation, payable to the State, may be adjudged. 
§617. Exception 
This subchapter does not apply to instances in which current employment status is a 
bona fide occupational qualification reasonably necessary to successful performance in 
the job. 
§618. Employment history 
Nothing in this subchapter is intended to preclude an employer or employment 
agency from considering an individual's employment history or from examining the 
reasons underlying an individual's employment status in assessing an individual's ability 
to perform a job or otherwise making employment decisions about that individual. 
COMMITTEE AMENDMENT 
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l3 
COMMITTEE AMENDMENT "A .. to H.P. 822, L.D. 1157 
Sec. 2. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
LABOR, DEPARTMENT Of' 
Regulation and Enforcement 0159 
Initiative: Provides funding for one Labor and Safety Inspector position and associated 
All Other costs due to an expected increase in education, outreach and enforcement 
activity as a result of the prohibition against employers and employment agencies 
advertising that current employment status is a qualification or requirement for a job. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2013-14 
1.000 
$43,031 
$9,900 
$52,931 
2014-15 
1.000 
$59,871 
$13,200 
$73,071 
This amendment, which is the majority report of the Joint Standing Committee on 
Labor, Commerce, Research and Economic Development, changes the bill establishing 
the Fair Chance for Employment Act by striking most of the bill except for the 
prohibition on employers and employment agencies advertising in print, on the Internet or 
in any other medium that curre:nt employment status is a qualification or requirement for 
a job or that the employer will not consider an applicant based on current employment 
status. 
Similarly, no person may advertise on an online job posting that current 
employment status is a qualification or requirement for a job or that the employer will not 
consider an applicant based on current employment status. 
The only penalty from the bill that the amendment retains is the fine of $250 to 
$1,000 for each violation. The amendment also retains the bill's exception for instances 
when current employment status is related to a bona fide occupational requirement and 
clarifies that an employer or employment agency retains the right to consider employment 
history or the reasons underlying an individual's employment status when making 
employment decisions about an individual. 
This amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/28/13 ;tvae 
LD 1157 
LR 18(02) 
An Act To Establish the Fair Chance for Employment Act 
Fiscal Note for Bill as Amended by Committee Amendment ,~, (H -4!J'J... j 
Committee: Labor, Commerce, Research and Economic Development 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations. 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
$52,931 
$73,071 
$52,931 
$73,071 
Projections 
FY 2015-16 
$75,800 
$75,800 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
FY 2016-17 
$78,795 
$78,795 
This bill includes General Fund appropriations of$52,931 in fiscal year 2013-14 and $73,071 in fiscal year 2014-15 to 
the Regulation and Enforcement program within the Department of Labor for one Labor and Safety Inspector position 
and related all other costs to support an expected increase in education, outreach and enforcement activity as a result 
of the provisions in this legislation that prohibit employers and employment agencies, when advertising for a job 
vacancy, to state that current employment status is a qualification or requirement for the job. 
The additional costs to the Department of the Attorney General are expected to be minor and can be absorbed utilizing 
existing budgeted resources. 
LR0018(02) - Fiscal Note - Page 1 of 1