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Maine Pay Equity

Statute

Maine Equal Pay Law, Me. Rev. Stat. Ann. Title 26 § 628 et seq.

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

  • Kathleen McLeod Caminiti
  • Lonnie Giamela
  • Sheila M. Abron
  • Jacklyn Rad 
  • Sarah Wieselthier
  • Monica Snyder Perl

Pay Equity Team

Learn more about our services and team.


Related Insights

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