Effective April 12, 2019

Employers May Not Ask About Salary History

Maine passed a bill titled An Act Regarding Pay Equality to disallow gender-based wage discrimination. The bill prohibits employers from inquiring about an applicant’s salary history or using a person’s salary history to determine what compensation to offer. According to the bill, the intent is to “promote the payment of equal compensation for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility and to prevent unlawful employment discrimination with respect to compensation.”

Employers in Maine seek information about a person’s compensation history only if:
  • An offer has been made that includes all terms of compensation.
  • An applicant voluntarily provides their compensation history and the employer wishes to confirm.
  • A federal law requires the disclosure or verification of an applicant’s compensation history.

Effective February 1, 2018

Employers Cannot Take Adverse Actions Against Applicants Or Employees For Marijuana Usage

The state of Maine recently passed The Marijuana Legalization Act. It went into effect on February 1, 2018. This law decrees that employers may not take adverse actions against applicants or employees "solely" for testing positive for marijuana use.

Employers in Maine should be aware that:
  • They cannot deny employment to an individual solely because the person uses marijuana.
  • Nothing in the new law prohibits employers from forbidding employees from bringing marijuana to the workplace or consuming marijuana or marijuana products while on the job.
  • Before screening workers for marijuana usage, an employer must first obtain a state-approved drug testing policy.
  • The new law is a state-based policy. Federal laws regarding marijuana are still in place.
  • Employees that are covered federal guidelines, such as federal contractors and individuals in safety-sensitive positions must continue to comply with federal laws covering marijuana usage.
This new law makes Maine the first state to implement protections for individuals who use marijuana outside of the workplace.
Backgrounds Online provides details about State Laws for informational purposes only. We do not provide legal services. Nothing on these pages or our site should be considered as legal advice or opinion.