The Maine Human Rights Act prohibits discrimination in employment on the basis of age (ME Rev. Stat. Tit. 5 Sec. 4572). Age is not defined under the Act. However, at least one court has ruled that because the state law does not specifically limit its protection to a particular age group, anyone may maintain an age discrimination claim under the Act (Graffam v. Scott Paper Co., 848 F.Supp.1 (D. Me. 1994)).
The Act covers all employers in the state, including employment agencies and labor unions. Under the Act, it is unlawful for an employer to:
• Fail, refuse to hire, or otherwise discriminate against any applicant for employment because of age.
• Discharge or discriminate with respect to hiring, tenure, promotion, transfer, compensation, terms, conditions, or privileges of employment based on age.
• Use an employment agency that the employer knows or has reasonable cause to know discriminates against individuals because of age.
• Exclude applicants or employees from apprenticeship or other training programs because of age. Note: An employer may adopt a maximum age limitation in apprenticeship programs, with prior approval from the Maine Human Rights Commission.
• Elicit or attempt to elicit information directly or indirectly pertaining to age.
• Make or keep a record of an applicant's or employee's age, or use any form of application containing questions or entries directly or indirectly pertaining to age.
• Print or publish any notice or advertisement relating to employment indicating any preference, limitation, specification, or discrimination based on age.
• Establish, announce, or follow a policy of denying or limiting employment because of age, through a quota system or otherwise.
• Discriminate in any ...