Equal Employment Opportunity Rights

Equal Employment Opportunity

The information provided below is for informational purposes only.

You have a right to freedom from discrimination in employment.

The opportunity for an individual to secure employment without discrimination because of race, color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin is recognized as and declared to be a civil right.

Laws

5  §4571. Right to freedom from discrimination in employment

5  §4572. Unlawful employment discrimination

5  §4572-A. Unlawful employment discrimination on the basis of sex

5  §4573. Not unlawful employment discrimination

Worker’s Compensation Discrimination

The City of Lewiston does not discriminate in:

Hiring, promotion, discharge, layoff, recall, transfer, leave of absence, pay, fringe benefits, job training, classification, referral, firing or any other aspect of employment on the basis of race, color, religion, gender, sexual orientation, gender identity or expression, national origin, marital status, age, genetic information, disability, or military service.

The Maine Equal Pay Law prohibits employers from discriminating against employees in the same establishment on the basis of sex by paying wages to any employee in any occupation in the state at a rate less than the rate it pays any employee of the opposite sex for comparable work on jobs requiring comparable skill, effort, and responsibility (ME Rev. Stat. Tit. 26 Sec. 628). The law applies to public employers and all private employers regardless of size.

Under the Law, it is unlawful for an employer to:

• Reduce any employee's wage rate in order to comply with the Law.

• Require or permit any person, as a condition of obtaining or keeping a job, to work without monetary compensation or to agree to return part of their compensation to the employer.

• Discharge or discriminate against any employee for invoking or assisting in any manner in the enforcement of the Law.

Frequently Asked Questions:

How do I get a copy of the required anti-discrimination policy from my employer? All employers are required to give you a copy of this policy when you are hired. Policy

How do I file a complaint of harassment or discrimination?  

If you, a city employee, municipal elected official, committee member, or City-appointed volunteer/intern, believe there has been a suspected ethics violation including but not limited to; sexual harassment, unlawful harassment, discrimination, safety, etc by a city employee, municipal elected official, committee member, or City-appointed volunteer/intern, you may file an ONLINE Complaint Form print, complete and mail in a Complaint Form (Hard Copy); or send by LewReporting@lewistonmaine.gov.

If you, a city resident, believe there has been a suspected ethics violation ethics violation including but not limited to; sexual harassment, unlawful harassment, discrimination, safety, etc by a city employee, municipal elected official, committee member, or City-appointed volunteer/intern, you may file an ONLINE Complaint Form; print, complete and mail in a Complaint Form (Hard Copy); or send by email LewReporting@lewistonmaine.gov.

For all other complaints NOT involving a City employee, municipal elected official, committee member, or City volunteer/intern, please contact:

Maine Workers’ Comp Board
Maine Human Rights Commission
Maine State Legislature 

Can I be retaliated against for filing a complaint?

In compliance with the Maine “Whistleblower’s Protection Act,” the City has established procedures for City employees, officers, and community residents to report alleged illegal, fraudulent, and/or improper activities by employees and to assure that such reports do not result in retaliation by the City.

The City’s procedure for investigating harassment/ discrimination complaints can be found here. Personnel Policies

What if I’m in opposition to unsafe working conditions?

All City employees have the responsibility to notify a responsible City official of legitimate unsafe working conditions. There shall be no reprisal or retaliation against any employee for bringing such information forward. Frivolous reports by employees or retaliation by supervisors shall be dealt with in accordance with established disciplinary policies.  To Learn More

What if I have criminal convictions?

The “Ban-the-Box” ordinance requires Lewiston employers to wait until a conditional job offer has been made before inquiring about criminal histories.

Does this mean that employers are not allowed to do background checks anymore?

No, the state law does not prevent employers from considering an applicant’s history of criminal convictions in making the final hiring decision. The “ban the box” requirements also do not prohibit employers from letting applicants know during recruitment that criminal background will be considered. Employers are still able to make a job offer contingent upon consideration of an applicant’s criminal record.

Do employers have to hire candidates with criminal records?

Under state law, there is no requirement that an employer hire an individual with a conviction record. Before an employer rescinds a job offer based on a specific conviction, however, the employer must first make a good faith determination that the decision is job-related and consistent with business necessity.

Disclaimer:  This website is not intended as legal advice. Any responses to specific questions are based on the facts from Maine Human Rights Commission, Maine Workers’ Comp Board and Maine State Legislature. If you need legal advice, please consult an attorney.