94-348 C.M.R. ch. 3, § 18 - INDIVIDUALS WHO HAVE BEEN ISSUED ORDERS OF PROTECTION FROM ABUSE

In addition to any other unlawful practice on the basis of and individual's receipt of a permanent protection from abuse order prohibited by this chapter or the Act:

1. The protections from discrimination for individuals who have received an order of protection shall apply to individuals with an active or current order of protection as well as individuals who have sought and/or obtained such an order in the past. In order to prevail, an individual must establish that the alleged discrimination was based on the issuance of the order, and/or assumptions or stereotypes about individuals with such orders.

2. Reasonable accommodations. It is unlawful discrimination for an employer, employment agency, or labor organization to fail upon request to provide a reasonable accommodation for an employee who requires one because of their receipt of an order of protection unless the employer, employment agency, or labor organization establishes that providing an accommodation would amount to an undue hardship on the operation of the business. Reasonable accommodations based on an order of protection may include, but are not limited to, alterations in work schedules, assignments, or locations; assigning or reassigning parking spaces; or other changes that are necessary in order to enforce limitations contained in the order of protection.

3. Orders of protection issued in other states. While the Act specifically references only orders of protection issued in the State of Maine, the Commission will consider claims of unlawful discrimination based on orders of protection obtained in other states to the extent those orders of protection are shown by the employee or applicant to be substantially equivalent to orders of protection issued under 19-A M.R.S. §4007.

Notes

94-348 C.M.R. ch. 3, § 18