Statute
Classes Protected
- Sex, race
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. An employer may not discriminate between employees in the same establishment on the basis of race 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 another race 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.
Wage Disclosure Requirement
- Maine employers with 10 or more employees must include the prospective range of pay in both electronic and printed hard copy job postings, unless the job being advertised is compensated solely on the basis of commission, in which case the job posting must say so.
Pay Transparency
- Employers with 10 or more employees need to:
- include a pay range in all job postings unless the position is solely commission-based, then the posting must disclose that; and
- ensure this information is included in electronic or print job postings, whether made directly by the employer or through a third party.
- All employers need to:
- disclose the pay range for the position an employee holds, if a current employee requests that information; and
- maintain records of each employee’s job title and pay history during their employment and for three years after they leave employment.
- What must be disclosed:
- “Pay range” is defined as the range of pay that an employer anticipates relying on in setting wages for a position, which may include:
- applicable pay scales;
- a previously determined range of wages for the position;
- the actual wage range for those currently holding equivalent positions; or
- the budgeted amount for the position.
- The new law also provides funding for a new Maine Department of Labor inspector position to enforce the requirement that employers disclose pay ranges and maintain records of employees’ pay histories.
- “Pay range” is defined as the range of pay that an employer anticipates relying on in setting wages for a position, which may include:
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 (though there is no obligation to disclose wages).
- Employers can perform a "self-evaluation" to get a presumption of compliance with the law if certain conditions are met.
- The presumption of compliance may be strengthened where, throughout the self-evaluation, including any needed remediation, the employer maintains communication with and keeps employees apprised of the established process.