Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 12 - RULES RELATING TO EQUAL PAY › Section 170-12-III - Complaint Process

Current through 2024-29, July 17, 2024
A. Any aggrieved
				party who believes that he or she has been discriminated against in violation
				of 26 MRSA §628 may file a complaint with the Bureau of Labor Standards.
				The Bureau must provide the aggrieved party with a complaint form on which the
				aggrieved party shall state in writing the facts upon which the complaint is
				based and the harm suffered. The aggrieved party stating that the facts
				presented are true to the best of her or his knowledge must sign this form. The
				form should be sent to the Bureau's Wage and Hour Division. [Note: the address
				of the Wage and Hour Division is 45 State House Station, Augusta, ME
				04333-0045.]
B. If the Bureau
				determines that the facts provided by the aggrieved party do not state a claim
				upon which relief can be granted under this chapter, it may dismiss the
				complaint but must keep confidential the name of the aggrieved party and
				employer involved. Written notice of any such dismissal must be given to the
				aggrieved party. The notice must also advise the aggrieved party of his or her
				right to bring a civil action under 26 MRSA §628, how such action may be
				brought, the deadlines for filing such action, and any available attorney fees,
				should the aggrieved party prevail. The Bureau will not pursue an investigation
				following such dismissal unless new evidence is presented which, on review,
				supports the merits of the claim. The Bureau will not accept a new case nor
				reopen a previously reviewed case that is the subject of a civil
				action.
C. As soon as practicable,
				the Bureau must, except in those complaints dismissed under subsection B,
				provide written notice to the employer against whom allegations have been made
				that a complaint has been filed, along with such information as is reasonably
				sufficient for the employer to understand and respond to the complaint. Where
				an aggrieved party requests confidentiality, the Bureau must make every effort
				to prevent the identity of the aggrieved party from becoming known to the
				employer except when doing so might compromise the Bureau's ability to conduct
				its investigation. In such cases, the Bureau will advise the aggrieved party of
				its need to reveal his or her identity and, thereafter, allow that party an
				opportunity to withdraw the complaint before notification is given to the
				employer.
D. With respect to all
				complaints, except those dismissed under subsection B, the Bureau must conduct
				an investigation and determine if reasonable cause exists to believe that
				discrimination has occurred in violation of this chapter. The investigation
				shall include a request that the employer respond to the complaint, a review of
				the employer's self-evaluation, if any, including a determination of whether
				the self-evaluation meets the requirements of this chapter, and any relevant
				wage and personnel information. The investigation may include the examination
				of evidence probative of unlawful wage differentials such as a showing of pay
				differentials between employees with comparable skill, effort, and
				responsibility; and/or a showing that jobs within the employer's workforce are
				segregated by gender. As part of the investigation, the Bureau may hold
				fact-finding hearings as it deems necessary. Such hearings will be limited in
				scope to those issues which the Bureau believes to be in question. The Bureau
				has the right to subpoena the records of the employer and to interview
				witnesses under oath in the same manner as provided for under the Maine
				Administrative Procedure Act ( 5 MRSA §8001
et seq
.). The
				hearings may include an opportunity for both sides to present evidence and
				witnesses. If a party presents witnesses, a cross-examination will be allowed.
				Any follow up examination, if allowed, will be solely at the discretion of the
				hearing officer.
E. In the course
				of any investigation pursuant to this chapter, the Bureau will consider as
				confidential any and all information received, and may not divulge such
				information except as allowed in 26 MRSA §3. Unless the parties agree
				otherwise, any negotiated settlement will be confidential.
F. At the conclusion of its investigation,
				the Bureau must make one of the following findings:
1. Reasonable Cause found. If the Bureau
				determines that there is reasonable cause to believe that discrimination has
				occurred under this chapter it may:
a. Seek a
				voluntary compliance agreement signed by the employer that eliminates the
				unlawful practice and provides appropriate relief to the aggrieved party;
				or
b. Refer the complaint to the
				Attorney General, informing the Attorney General of the relevant facts and
				recommending the commencement of a civil enforcement action.