Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 3 - EMPLOYMENT REGULATIONS of the MAINE HUMAN RIGHTS COMMISSION › Section 348-3-22 - SPECIFIC ACTIVITIES PERMITTED

Current through 2024-29, July 17, 2024
The following shall not be unlawful under this chapter or the
				  Act:
1.
Age
A.
Apprenticeship programs
. For
				labor organizations and employers to adopt a maximum age limitation in
				apprenticeship programs if the employer or labor organization obtains prior
				approval from the Maine Human Rights Commission of any maximum age limitation
				employed in an apprenticeship program. The Commission shall approve the age
				limitation if a reasonable relationship exists between the maximum age
				limitation employed and a legitimate expectation of the employer or labor
				organization in receiving a reasonable return upon their investment in an
				apprenticeship program. The employer or labor organization bears the burden of
				demonstrating that such a relationship exists.
B. To discriminate on account of age to
				comply with the state or federal laws relating to the employment of
				minors.
C. On account of age, to
				observe the terms of any bona fide employee benefit plan such as a retirement,
				pension or insurance plan that does not evade or circumvent the purpose of the
				Act and which complies with the
Age Discrimination in Employment
				Act
, United States Code, Title 29, Section
				621, as amended, and the
Americans with Disabilities Act
,
				42 United States Code,
				Section 12101
et seq
., and
				federal administrative interpretations thereof, including
				29 C.F.R. §
											1625.10, provided that the benefit does not
				require or permit any employer to refuse or fail to hire an applicant because
				of the age of the individual; and provided that the benefit plan does not
				require or permit the denial or termination of employment of any individual
				because of the age of the individual or after completion of a specified number
				of years of service.
D.
Bona
				fide seniority systems
(1) For an
				employer, employment agency, or labor organization to observe the terms of a
				bona fide seniority system that is not a subterfuge to evade the purposes of
				this chapter or the Act except that no such seniority system shall require or
				permit the involuntary retirement of any individual because of the age of such
				individual.
(2) Though a seniority
				system may be qualified by such factors as merit, capacity, or ability, any
				bona fide seniority system must be based on length of service as the primary
				criterion for the equitable allocation of available employment opportunities
				and prerogatives among younger and older workers.
(3) Adoption of a purported seniority system
				which gives those with longer service lesser rights, and results in discharge
				or less favored treatment to those within the protection of the Act, may,
				depending upon the circumstances, be a "subterfuge to evade the purposes" of
				the Act.
(4) Unless the essential
				terms and conditions of an alleged seniority system have been communicated to
				the affected employees and can be shown to be applied uniformly to all of those
				affected, regardless of age, it will not be considered a bona fide seniority
				system within the meaning of the Act.
(5) It should be noted that seniority systems
				which segregate, classify, or otherwise discriminate against individuals on the
				basis of other protected classes than age are also prohibited under the Act,
				where the Act otherwise applies. The "bona fides" of such a system will be
				closely scrutinized to ensure that such a system is, in fact, bona
				fide.
E.
Federal
				requirements
. This chapter shall not be construed to affect or limit
				any power or duty relating to pension or retirement plans which the United
				States Government reserves to itself.
F. As specified in
				29 C.F.R. §
											1625.31, all activities and programs under
				Federal contracts or grants, or carried out by the public employment services
				of the several States, designed exclusively to provide employment for, or to
				encourage the employment of, persons with special employment problems,
				including employment activities and programs under the
Manpower
				Development and Training Act of 1962
,
				Pub.L. No.
				87-415, 76 Stat. 23 (1962), as amended, and the
Economic Opportunity Act of 1964
,
				Pub.L. No.
				88-452, 78 Stat. 508 (1964), as amended, for
				persons among the long-term unemployed, individuals with disabilities, members
				of minority groups, older workers, or youth.
G. Coordination of retiree health benefits
				with Medicare or a comparable State health benefit plan, as specified in
				29 C.F.R. §
											1625.32.