An Act Regarding Pay Equality
Maine Legislature, Session 129, LD 0278
Committee Amendment CA_A_S28 (Senate)
Amends: 5 MRSA §4577, 26 MRSA §626-A, 26 MRSA §628, 26 MRSA §628-A

COMMITTEE AMENDMENT" /t "to S.P. 90, L.D. 278, Bill, "An Act Regarding 
Pay Equality" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA §4577 is enacted to read: 
§4577. Compensation history inquiry as evidence of unlawful discrimination 
1. Legislative findings and intent. The Legislature finds that despite requirements 
regarding equal pay having been a part of the laws of Maine since 1965, wage inequality 
is an ongoing issue in the State. Wage inequality causes substantial harm to the citizens 
and to the economy of the State. 
The Legislature finds that when employers base 
compensation decisions on compensation history of a prospective employee, it directly 
perpetuates this wage inequality. An employer's knowledge of a prospective employee's 
compensation history is directly related to the practice of basing compensation decisions 
on compensation history. It is the intent of the Legislature to promote the payment of 
equal compensation for comparable work on jobs that have comparable requirements 
relating to skill, effort and responsibility and to prevent unlawful employment 
discrimination with respect to compensation. 
2. 
Evidence of unlawful employment discrimination. 
Evidence of unlawful 
employment discrimination under section 4572 and Title 26, section 628 includes, but is 
not limited to, an employer's inquiring, either directly or indirectly, about the 
compensation history of a prospective employee from the prospective employee or a 
current or former employer of the prospective employee or otherwise seeking the 
compensation history of a prospective employee. 
3. Exceptions. Notwithstanding subsection 2, an employer or employment agency 
may inquire about or seek compensation history of an employee or prospective employee 
after an offer of employment that includes all te1ms of compensation has been negotiated 
and made to the prospective employee: If an employee or prospective employee has 
voluntarily disclosed compensation history information, without prompting by the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~ "to S.P. 90, L.D. 278 (::> ·l "is°) 
employer or employment agency, the employer or employment agency may seek to 
confirm or permit a prospective employee to confirm such information prior to an offer of 
employment. 
This section does not apply to an employer who inquires about 
compensation history pursuant to any federal or state law that specifically requires the 
disclosure or verification of compensation history for employment purposes. 
Sec. 2. 26 MRSA §626-A, first ,r, as amended by PL 1999, c. 465, §5, is further 
amended to read: 
Whoever violates any of the provisions of sections 621-A to 623 or section 626, 628, 
628-A, 629 or 629-B is subject to a forfeiture of not less than $100 nor more than $500 
for each violation. 
Sec. 3. 26 MRSA §628, first ,r, as amended by PL 2009, c. 29, §1, is further 
amended to read: 
An employer may not discriminate between employees in the same establishment on 
the basis of sex by paying wages to any employee in any occupation in this State at a rate 
less than the rate at which the employer pays any employee of the opposite sex for 
comparable work on jobs that have comparable requirements relating to skill, effort and 
responsibility. Differentials that are paid pursuant to established seniority systems or 
merit increase systems or difference in the shift or time of the day worked that do not 
discriminate on the basis of sex are not within this prohibition. An employer may not 
discharge or discriminate against any employee by reason of any action taken by such 
employee to invoke or assist in any manner the enforcement of this section. An employer 
may not prohibit an employee from disclosing the employee's own wages or from 
inquiring about or disclosing another employee's wages if the purpose of the disclosure or 
inquiry is to enforce the rights granted by this section. Nothing in this section creates an 
obligation to disclose wages. 
Sec. 4. 26 MRSA §628-A is enacted to read: 
· §628-A. Compensation history inquiry prohibited 
1. Legislative findings and intent. The Legislature finds that despite requirements 
regarding equal pay having been a part of the laws of Maine since 1965, wage inequality 
is an ongoing issue in the State. Wage inequality causes substantial harm to the citizens 
and to the economy of the State. 
The Legislature fmds that when employers base 
compensation decisions on compensation history of a prospective employee, it directly 
perpetuates this wage inequality. An employer's knowledge of a prospective employee's 
compensation history is directly related to the practice of basing compensation decisions 
on compensation history. It is the intent of the Legislature to promote the payment of 
equal compensation for comparable work on jobs that have comparable requirements 
relating to skill, effort and responsibility and to prevent unlawful employment 
discrimination with respect to compensation. 
2. Prohibition. An employer may not use or inquire about the compensation history 
of a prospective employee from the prospective employee or a current or former 
employer of the prospective employee unless an offer of employment that includes all 
terms of compensation has been negotiated and made to the prospective employee, after 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"J\- "toS.P.90,L.D.278 (~·~) 
which the employer may inquire about or confirm the prospective employee's 
compensation history. 
3. Exception. This section does• not apply to an employer who inquires about 
compensation history pursuant to any federal or state law that specifically requires the 
disclosure or verification of compensation history for employment purposes. 
4. Penalty. This section may be enforced pursuant to section 626-A. The civil action 
provided pursuant to section 626-A may be brought to enforce this section by or on 
behalf of a person affected by a violation of subsection 2 or by the Department of Labor 
on behalf of a person affected by a violation of subsection 2. and the plaintiff or plaintiffs 
may also seek judgment for compensatory damages.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment strikes and replaces the bill. The amendment prohibits an employer 
from inquiring about a prospective employee's compensation history until after an offer of 
employment that includes all terms of compensation has been negotiated and made to the 
prospective employee. It creates an exception for compensation history sought pursuant 
to any federal or state law that specifically requires the disclosure or verification of 
compensation history for employment purposes, for example, when such information is 
related to economic development programs that specifically create employment 
opportunities for persons with low incomes. An employer that violates this provision is 
subject to a fine of not less than $100 and not more than $500 per violation and is also 
subject to a civil action that may be brought by or on behalf of an affected employee or 
applicant by the Department of Labor or the affected employee or applicant. 
This amendment also amends the Maine Human Rights Act to provide that evidence 
of unlawful employment discrimination includes an employer's seeking information about 
a prospective employee's compensation history before an offer of employment, including 
all terms of compensation, to the applicant has been made. It also creates an exception 
for compensation history sought pursuant to any federal or state law that specifically 
requires the disclosure or verification of compensation history for employment purposes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/25/19 feae 
LD278 
LR 84(02) 
An Act Regarding Pay Equality 
Fiscal Note for Bill as Amended by Committee Amendment 'l'i'' l:)·"Z:~) 
Committee: Labor and Housing 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fine revenue will increase General Fund and dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Maine Human Rights Commission and the Department of Labor are expected to be minor 
and can be absorbed utilizing existing budgeted resources. 
LR0084(02) - Fiscal Note - Page 1 of 1