Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-4 - PRE-EMPLOYMENT OR ADMISSION INQUIRIES

Current through 2024-29, July 17, 2024
1.
Pre-employment or admission inquiries prohibited
A. It is unlawful employment discrimination,
				except when based on a bona fide occupational qualification, for any employer,
				employment agency or labor organization, prior to employment or admission to
				membership of any individual, to elicit or attempt to elicit information
				directly or indirectly pertaining to protected class or use any form of
				application for employment or personnel or membership blank containing
				questions or entries directly or indirectly pertaining to protected class.
Pre-employment or admission inquiries covered by this section
				  include, but are not limited to, questions asked on application forms,
				  questions asked in employee interviews, questions asked of references or former
				  employers, requests for photographs or any other kind of inquiry used before
				  selection.
Examples of unlawful pre-employment or admission inquiries
				  may include, but are not limited to, the use of the following inquiries:
(1) NAME. Where original name of applicant
				has been changed by court order, inquiries that could indicate or suggest
				religious group or national origin or ancestry or gender identity by requesting
				any former names, including maiden names, ever used by applicant; names or
				former names of spouse, parents or other relatives.
(2) BIRTHPLACE. Requirement that applicant
				submit birth certificate or baptismal record, which could indicate religious
				denomination, national origin or ancestry. Inquiries into the place of birth of
				applicant, spouse, parents or other relatives could indicate national origin or
				ancestry.
(3) CITIZENSHIP. Whether
				applicant is native born or naturalized citizen; country of former citizenship
				or date of naturalization; citizenship of spouse, parents or other relatives.
				Nothing in this chapter, however, precludes an employer from asking questions
				necessary to comply with the
Immigration Reform and Control Act of
				1986
.
(4) NATIONAL ORIGIN
				OR ANCESTRY. Nationality, lineage ancestry or descent of applicant, spouse,
				parents or other relatives; language commonly used by applicant, or how
				applicant acquired ability to read, write or speak a foreign
				language.
(5) MILITARY SERVICE.
				Applicant's military experience in armed forces, other than U.S., draft
				classification or other military eligibility, which could indicate national
				origin or ancestry.
(6) RELIGION.
				Applicant's religious denomination, affiliation, church, parish, pastor, or
				religious holidays observed; representing to applicants that employer is of a
				predominant or particular religious orientation.
(7) EDUCATION. Inquiry asking specifically
				for the religious affiliation of applicant's school.
(8) REFERENCES. Requirement of submission of
				a religious reference.
(9) WORK
				SCHEME. Any inquiry into willingness to work any particular religious
				holiday.
(10) ORGANIZATIONS.
				Request a list of all clubs, social fraternities, societies, lodges, or
				organizations to which the applicant belongs, other than trade, professional or
				service organizations.
(11)
				HOUSEHOLD COMPOSITION. Requesting information about an applicant's living
				arrangements or family members.
(12) MEDICAL HISTORY. Any inquiry as to
				whether or not an applicant has received gender-affirming physical and/or
				behavioral health care.
(13)
				COMPENSATION HISTORY. Making inquiries of prospective employees or their
				current or former employers regarding the prospective employee's compensation
				history before an offer of employment that includes all terms of compensation
				has been negotiated and made to the prospective employee.
(14) CRIMINAL HISTORY. Making inquiries about
				an applicant's history of arrests. Employers may ask about convictions and/or
				pleas of
nolo contendre.
(15) HAIR STYLE/APPEARANCE. Making inquiries
				about an applicant's hair style/appearance when the hair style/appearance is
				associated with the applicant's protected class status (i.e., Afro styles or
				protective hair styles, such as locks, twists, and braids).