Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-11 - SEX DISCRIMINATION

Current through 2024-29, July 17, 2024
In addition to any other unlawful practice on the basis of
				  sex prohibited by this chapter or the Act:
1.
Discrimination on the basis of
				pregnancy and related conditions
A. For
				the purpose of this chapter, the word
sex
includes pregnancy
				and medical conditions which result from pregnancy. "Pregnancy-related
				condition" means a known limitation of an employee's ability to perform the
				functions of a job due to pregnancy, childbirth, termination of a pregnancy, or
				pregnancy=related medical conditions, such as lactation.
B. Pregnant persons who are able to work. It
				shall be unlawful employment discrimination in violation of this chapter and
				the Act, except where based on a bona fide occupational qualification, for an
				employer, employment agency or labor organization to treat a pregnant person
				who is able to work in a different manner from other persons who are able to
				work.
C. Pregnant persons who are
				not able to work. It shall also be unlawful employment discrimination in
				violation of this chapter and the Act, except where based on a bona fide
				occupational qualification, for an employer, employment agency or labor
				organization to treat a pregnant person who is not able to work because of a
				disability or a pregnancy-related condition, in a different manner from other
				employees who are not able to work because of other disabilities or
				illnesses.
D. Any written or
				unwritten employment policy or practice which excludes from employment
				applicants or employees because of pregnancy or pregnancy-related conditions is
				prima facie evidence of unlawful employment discrimination.
E. Disabilities caused or contributed to by
				pregnancy, miscarriage, abortion, childbirth, or other pregnancy-related
				conditions, and recovery therefrom, for all job-related purposes, shall be
				treated the same as disabilities caused or contributed to by other medical
				conditions, under any health or disability insurance or sick leave plan
				available in connection with employment.
F. Any written or unwritten employment
				policies and practices involving matters such as the commencement and duration
				of leave, the availability of extensions, the accrual of seniority and other
				benefits and privileges, reinstatement and payment under any health or
				disability insurance or sick leave plan, formal or informal, shall be applied
				to disability due to pregnancy, childbirth or pregnancy-related conditions on
				the same terms and conditions as they are applied to other disabilities.
G. Where the termination of an
				employee who is temporarily disabled is caused by an employment policy under
				which insufficient or no leave is available, such a termination is unlawful
				employment discrimination on the basis of sex if it has a disparate impact on
				employees of one sex and is not justified as a business necessity.
H. 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 with a
				pregnancy-related condition 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 for
				pregnancy-related conditions may include, but are not limited to, more frequent
				or longer breaks, temporary relief from hazardous assignments, and provisions
				for lactation.
I. 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 personbecause of pregnancy or other pregnancy-related conditions
				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
				for pregnancy and pregnancy-related conditions are not additional
				benefits.
J. It is unlawful to
				discriminate against a person because that person has terminated their
				pregnancy.