An Act To Prohibit Discrimination by Employers and Protect the Privacy of an Applicant for Employment, an Employee or an Employee's Dependents Regarding Reproductive Health Decisions
Maine Legislature, Session 127, LD 1003
Committee: Judiciary
Sponsors: McCREIGHT, GRATWICK, CAMPBELL, HERBIG, MELARAGNO, TIPPING-SPITZ, WARREN, WINSOR, BURNS, GERZOFSKY

Legislative Document 
No. 1003 
H.P. 698 
House of Representatives, March 19, 2015 
An Act To Prohibit Discrimination by Employers and Protect the 
Privacy of an Applicant for Employment, an Employee or an 
Employee's Dependents Regarding Reproductive Health Decisions 
Reference to the Committee on Judiciary suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative McCREIGHT of Harpswell. 
Cosponsored by Senator GRATWICK of Penobscot and 
Representatives: CAMPBELL of Newfield, HERBIG of Belfast, MELARAGNO of Auburn, 
TIPPING-SPITZ of Orono, WARREN of Hallowell, WINSOR of Norway, Senators: BURNS 
of Washington, GERZOFSKY of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA c. 7, sub-c. 2-B is enacted to read: 
SUBCHAPTER 2-B 
PROTECTION OF PRIVACY OF REPRODUCTIVE HEALTH 
DECISIONS 
§651.  Discrimination prohibited 
A person, firm, corporation, unincorporated association, state agency, unit of local 
government or any public or private entity may not discriminate with respect to 
compensation, terms, conditions or privileges of employment against an employee, an 
employee's dependent or an applicant for employment on the basis of the employer's 
beliefs about a particular drug, device or medical service. 
§652.  Adverse employment action prohibited 
An employer may not take any adverse employment action against an employee 
based on the use of a particular drug, device or medical service related to the employee's 
or the employee's dependent's reproductive health decisions.  For purposes of this section, 
"adverse employment action" includes but is not limited to termination, demotion or 
refusal to promote or advance, removal from better or loss of career specialty, 
reassignment to a different shift, reduction of wages or benefits, refusal to provide 
training opportunities or transfer to a different department, adverse administrative action 
or any other penalty or disciplinary or retaliatory action. 
§653.  Privacy protected 
An employer may not obtain or inquire about an employee's personal information 
regarding the employee's or the employee's dependent's reproductive health decisions, 
including but not limited to a decision to use a particular drug, device or medical service, 
without the employee's prior informed affirmative written consent. 
§654.  Other rights and protections not limited 
Nothing in this chapter may be construed to limit any rights or protections against 
employment discrimination of an employee provided through any other provision of law 
or collective bargaining unit. 
SUMMARY 
This bill protects employees and employment applicants from discrimination based 
on an employer's beliefs about a particular drug, device or medical service.  It also 
prohibits an employer from obtaining or inquiring about information about an employee's 
or an employee's dependent's reproductive health decisions, including but not limited to a 
decision to use a particular drug, device or medical service, without the employee's prior 
informed affirmative written consent.  The bill prohibits employers from taking any 
adverse employment action against an employee based on the use of any particular drug, 
device or medical service related to the employee's or the employee's dependent's 
reproductive health decisions.  No existing rights or protections against discrimination of 
an employee provided through any other provision of law or collective bargaining unit 
are limited by this chapter.