Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-5 - JOB ADVERTISING

Current through 2024-29, July 17, 2024
1.
In
				general
. It shall be an unlawful employment practice for any person to
				print or publish or cause to be printed or published any notice or
				advertisement relating to employment or membership in a labor organization
				indicating any preference, limitation, specification or discrimination based
				upon protected class, unless there is a bona fide occupational qualification
				for such preference, limitation, specification or discrimination.
2. The Commission will consider to be a
				violation of the Act the acceptance for publication, by any communications
				medium, of any notice or advertisement relating to employment preference,
				limitation, specification or discrimination based on protected class, unless
				there is a bona fide occupational qualification for such preference,
				limitation, specification or discrimination.
3. An employer, union, employment agency,
				newspaper or other publication may, and is encouraged to, make an inquiry of
				the Commission as to whether protected class is a bona fide occupational
				qualification for a particular job opportunity which they intend to publish,
				print or circulate or cause to be published, printed or circulated. The
				Commission shall, as soon as possible, give informal opinions in response to
				such inquiries.
An informal opinion rendered orally or in writing by the
				  Commission prior to the publication of any advertisement in response to such an
				  inquiry shall not be binding upon the Commission, provided that, in any
				  subsequent civil action initiated by the Commission, any person's justifiable
				  reliance upon the ruling shall be considered in mitigation of any civil penal
				  damages or punitive damages sought by the Commission.
A newspaper or other publication shall not be in violation of
				  this section where it has accepted any specific advertisement in good faith and
				  in reasonable reliance upon the representations of the person placing the
				  advertisement that they have obtained from the Commission an opinion that there
				  is a bona fide occupational qualification for the specific job advertised
				  together with the identification number of that opinion.
4. It is not unlawful for employers engaged
				in corrective employment programs, or employment or referral agencies, to print
				or cause to be printed any advertisement which encourages applications from
				persons who are members of classes protected by the Act. The term "corrective
				employment program" means any affirmative action or other remedial program
				designed to increase the number of protected class employees in any industry,
				occupation, or place of work in order to correct the effects of past limited
				employment opportunities for members of the protected class. All advertising
				may include positive statements such as "We hire people with disabilities" or
				"We are an Equal Employment Opportunity Employer."