Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-17 - FAMILIAL STATUS DISCRIMINATION

Current through 2024-29, July 17, 2024
In addition to any other unlawful practice on the basis of
				  familial status prohibited by this chapter or the Act:
1. The inclusion of familial status as a
				protected class in employment is intended to recognize the changing structure
				of families. While many employment actions based on family caregiver status
				have previously been addressed as sex discrimination, because the burdens of
				family caregiving traditionally fell on females, that is no longer the case.
				Continuing to address policies and practices burdening caregivers as sex
				discrimination leaves male, transgender, and gender-diverse individuals without
				recourse when they are discriminated against because of their caregiving
				responsibilities.
2. Reasonable
				accommodations. It is unlawful discrimination for an employer, employment
				agency, or labor organization to fail upon request to provide a reasonable
				accommodation for an employee who requires one because of their familial status
				unless the employer, employment agency, or labor organization establishes that
				providing an accommodation would amount to an undue hardship on the operation
				of the business. Reasonable accommodations based on familial status may
				include, but are not limited to, permitting use of paid time off to care for
				family members covered by this section or using such time in small increments;
				the ability to carry a cell phone or other electronic notification device to
				receive information pertinent to their caregiving duties; or brief breaks
				(which may be unpaid) to respond to contacts from their covered family members
				specifically related to their caregiving responsibilities. Reasonable
				accommodations are required only when the accommodation relates directly to the
				employee's need to provide necessary care to a protected family
				member.
3. Employer not responsible
				for additional benefits. Nothing in this subsection may be construed to mean
				that an employer, employment agency or labor organization is required to
				provide sick leave, a leave of absence, medical benefits or other benefits to a
				person because of their familial status, if the employer, employment agency or
				labor organization does not also provide sick leaves, leaves of absence,
				medical benefits or other benefits for the employer's other employees and is
				not otherwise required to provide those leaves or benefits under other state or
				federal laws. Reasonable accommodations are not additional benefits.
4. Unlawful inquiries. Inquiries into an
				applicant's availability on certain days or during certain hours may have an
				adverse impact on individuals based on their familial status. Rather than
				inquire into the applicant's specific availability, employers should provide
				their regular hours and/or the anticipated schedule for the position, and ask
				the applicant whether they can work the anticipated schedule with or without a
				reasonable accommodation. Inquiries to applicants regarding their familial
				status, such as inquiries regarding whether they are or intend to become
				parents, their childcare plans, or the health of family members, shall be
				considered strong evidence of familial status discrimination.