Maine Pay Equity
Statute
Classes protected
Sex
Key language on pay discrimination
“An employer may not discriminate between employees in the same establishment on the basis of sex by paying wages to any employee in any occupation in this State at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility.”
Exceptions for pay disparities (including affirmative defenses)
- Seniority system
- Merit increase systems
- Difference in the shift or time of the day worked
Prohibition on salary history inquiry
Employers may not use or inquire about the compensation history of a prospective employee unless an offer of employment that includes all terms of compensation has been negotiated and made, after which the employer may inquire about or confirm the compensation history. Evidence of unlawful employment discrimination includes an employer's inquiring, either directly or indirectly, about compensation history.
Anti-retaliation
An employer may not discharge or discriminate against any employee for exercising his or her rights under this section.
Other key provisions
Employees may disclose their own wages or inquire about other employee’s wages if the purpose of the disclosure or inquiry is to enforce the rights granted by the section (no obligation to disclose wages).
Key Contacts
Pay Equity Team
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View our related Pay Equity Insights for Maine