Maine (ME) Age Discrimination Law in the Workplace

August 19th, 2006 Posted by Ashley

The Human Rights Commission has the responsibility of enforcing the state’s anti-discrimination laws. Many of the guidelines can be found in the Maine Human Rights Act, passed in 1971 to “protect public health, safety and welfare” and “prevent discrimination in employment” and other areas such as housing or access to public accommodations. In fact, some amendments to the Act are as recent as 2005.

When this bill was created, the state Legislature wrote their reasons directly into the law. The early paragraphs explain that older citizens are forced out of work because of their age, even though they are capable of the duties. The truth is, older citizens make valuable contributions because of their age and experience.

If you are a worker in Maine with concerns about age discrimination, you will not only be covered by this state law, but also by the Age Discrimination in Employment Act (ADEA), which is part of U.S. law. As in many other states, the federal laws governing discrimination can come into play if discrimination occurs.

One of the differences between Maine law and U.S. law is that companies with less than 20 employees are not included in federal law. However, if you are a worker in Maine, your employer is probably covered by the Maine Human Rights Act. In 2005, the U.S. Supreme Court ruled that ADEA might apply not only when an employer intentionally discriminates against a worker because of age, but also when an employer makes a business decision that seems harmless but has an adverse effect on the worker.

A legal expert commenting on the 2005 case said that the decision would probably affect nearly all businesses. It’s interesting to note that Maine’s population is considered to be the oldest in the U.S., with almost 50% of the people over the age of 40. If you think you have been discriminated against because of your age, another agency that might help is the Bureau of Elder and Adult Services. This division of Health and Human Services works with adult day services, disability determination, and the Senior Community Service Employment Program (SCSEP). In addition, SCSEP is designed to place older workers in community service training. Therefore, if you are 55 years of age and older and have a lower income, you may qualify for this Maine program.

Last 10 posts by Ashley

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Posted in Discrimination, Employment Laws, Hostile Environment, Maine

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