Eleanor Finch
In Maine, employers must provide a safe working environment for their employees. This includes safety training for dangerous equipment and protocols for workplace hazards. Maine employers must also comply with the Maine Human Rights Act, which protects employees from discrimination and harassment based on protected characteristics such as race, religion, disability, gender, and age. A hostile work environment is defined by offensive and unwelcome conduct that impacts an employee's performance and morale. This can include sexual harassment, unwelcome advances, or derogatory remarks. If an employee believes they are working in a hostile environment, they should document incidents, report them to their employer, and consult with an attorney if the issue persists.
| Characteristics | Values |
|---|---|
| Protected classes | Age, religion, disability, gender, race, color, national origin, ancestry, sexual orientation, gender identity or expression, familial status, genetic predisposition or information, whistleblower activity, marital status |
| Harassment | Unwelcome advances, gestures, comments, or contact, digital harassment, threats, demeaning comments, posting on social media, creating a fake persona to harass someone online, creating a webpage to mock and belittle a person, making false allegations online, repeated verbal abuse, insults, derogatory remarks, epithets, verbal, nonverbal or physical conduct of a threatening, intimidating or humiliating nature, sabotaging or undermining of an employee's work performance, unwelcome sexual advances, requests for sexual favors |
| Discrimination | Disparate treatment, disparate impact, hostile environment |
| Abusive conduct | Acts or omissions that a reasonable person would find abusive, based on their severity, nature or frequency |
| Physical harm | Impairment of a person's physical health or bodily integrity |
| Psychological harm | Impairment of a person's mental health |
| Retaliation | Retaliation against an employee who has taken reasonable action to stop or contest a violation |
| Disciplinary action | Up to and including discharge |
| Employer liability | An employer may be liable for a violation and the court may order relief including reinstatement of employment, removal of the offending party from the complainant's work environment, back pay, front pay, medical expenses, compensation for pain and suffering, compensation for emotional distress, punitive damages and attorney's fees |
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Sexual harassment
- Submission to such conduct is made either explicitly or implicitly as a term of an individual's employment;
- Submission to or rejection of such conduct is used as the basis for employment decisions affecting the individual; or
- Such conduct interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.
If you believe you are being sexually harassed in the workplace in Maine, you should take the following steps:
- Document everything: Keep a detailed record of any incidents, including dates, times, descriptions, and any witnesses.
- Report to your employer: Notify your employer or human resources department about the harassment, as they should always be given an opportunity to investigate and take appropriate action.
- Consult with an attorney: If your employer doesn't take appropriate action to address the issue or if the situation worsens, consult an employment law attorney in your area.
- Contact the Maine Human Rights Commission: You can file a complaint with the Maine Human Rights Commission by phone, fax, or mail. They will investigate your allegations immediately.
It is important to note that employers are responsible for acts of sexual harassment in the workplace when they know or should have known about the conduct. Employers can avoid liability by taking immediate and appropriate corrective action.
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Discrimination
According to Maine's Office of the Attorney General, any conduct that degrades, ridicules, or draws unwanted attention to an employee based on their protected class or protected activity is considered unlawful harassment. Protected classes in Maine include race, colour, national origin, ancestry, age, religion, disability, sex, sexual orientation, gender, gender identity or expression, familial status, genetic predisposition, and whistleblower status, among others.
To create a discrimination-free workplace, employers should implement sound business practices. This includes providing an up-to-date employee handbook that specifically outlines the company's values and its zero-tolerance policy for discriminatory behaviours. Management, upper-level staff, and supervisors should also be properly trained on the Maine Human Rights Act and how to handle issues involving protected classes. Establishing an internal system for reporting abusive or discriminatory incidents to the appropriate authorities is also crucial.
If an employee believes they have been discriminated against, they should first report the incident to their employer or human resources department. The employer should then investigate the claim and take appropriate action. If the employer fails to address the issue or the situation worsens, the employee should consult an employment law attorney. To file a formal complaint, the employee must do so within 300 days of the incident with the Equal Employment Opportunities Commission or the local state agency.
It is important to note that a single offensive remark or act of teasing may not be sufficient grounds for a hostile work environment claim. Typically, these claims are based on a pattern of discriminatory and abusive behaviour over time. However, if a single incident is particularly severe and creates an intimidating, hostile, or offensive environment, it may constitute a valid claim.
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Offensive behaviour
In Maine, harassing conduct can be classified as either harassment or abuse. Harassment refers to three or more acts of confrontation, intimidation, physical force, or the threat of physical force. Abuse, on the other hand, includes repeated verbal abuse, such as derogatory remarks, insults, and epithets, as well as nonverbal conduct of a threatening, intimidating, or humiliating nature.
Sexual harassment is a specific form of offensive behaviour that violates the Maine Human Rights Act. This includes unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature. If submission to or rejection of such conduct becomes a basis for employment decisions or interferes with an individual's work performance, it creates a hostile work environment.
To establish a hostile work environment claim based on offensive behaviour, it is important to document and report any incidents to employers or human resources departments. Employees should also consult with attorneys if the issue is not adequately addressed by the employer.
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Retaliation
If an employee experiences retaliation, they are protected by law and can take legal action. They must first report the violation to their employer and file a complaint with the Maine Human Rights Commission or the Equal Employment Opportunities Commission (EEOC). After receiving a right-to-sue letter from the EEOC or state agency, they may pursue a private court action with the help of an attorney.
It is important to document and report any incidents of retaliation promptly, as well as notify the employer or human resources department to allow them to investigate and take appropriate action. Employees should also be aware of the statute of limitations for filing a complaint, which is generally 300 days from the date of the discriminatory incident in Maine.
Additionally, supervisors and employers are responsible for preventing and stopping inappropriate or unprofessional conduct in the workplace. If they become aware of any retaliatory actions, they must consult with the EEO Coordinator and take immediate corrective action to end such conduct.
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Physical harm
In Maine, a hostile work environment is defined as a work environment in which an employer or employee subjects an employee to abusive conduct that causes physical harm, psychological harm, or both. Physical harm is defined as the impairment of a person's physical health or bodily integrity, as established by competent evidence.
Abusive conduct includes acts or omissions that a reasonable person would find abusive, based on their severity, nature, or frequency. This can include repeated verbal abuse, insults, derogatory remarks, and epithets. It also covers verbal, non-verbal, or physical conduct of a threatening, intimidating, or humiliating nature, as well as the sabotaging or undermining of an employee's work performance.
Sexual harassment is a form of abusive conduct that can lead to physical harm and a hostile work environment. This includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It also includes non-verbal sexual behaviour such as leering, blocking someone's path, displaying sexual visuals, or making sexual gestures or physical contact.
To prove a hostile work environment, employees must demonstrate that they were subjected to offensive and unwelcome conduct that a reasonable employer knew or should have known created a hostile environment. The employer must have also failed to intervene or take appropriate action.
If an employee experiences physical harm due to abusive conduct in the workplace, they may be able to pursue legal action. They should document all incidents, report them to their employer or HR department, and consult with an attorney to understand their legal rights and options. An attorney can help employees recover damages for medical expenses, pain and suffering, and emotional distress.
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Frequently asked questions
A hostile work environment in Maine is constituted by offensive and unwelcome behaviour of any nature that impacts an employee's performance and morale. This includes intimidating, hostile, or abusive behaviour, such as unwelcome sexual advances, inappropriate comments, or threats.
If you experience a hostile work environment in Maine, you should take immediate action. Document any incidents, including dates, times, descriptions, and witnesses. Report the issue to your employer or HR department, and notify them of any discriminatory acts. If your employer fails to address the issue, consult an employment lawyer.
In Maine, an employee may sue their employer for damages related to a hostile work environment. To be successful, the employee must prove that they were subjected to offensive and unwelcome conduct, and that the employer failed to intervene. If found liable, the employer may face penalties such as reinstatement of employment, removal of the offending party, back pay, and compensation for pain and suffering.
