Filing a Discrimination Claim - Maine
Employment discrimination is the practice of unfairly treating a person or group of people differently from other people or groups of other people at work, because of their membership in a legally protected category such as race, sex, age, or religion. Each state has passed laws and rules to protect your workplace rights: this page covers Maine employment discrimination. The purpose of Maine Human Rights Act is to protect workers in Maine from unlawful discrimination in employment. Read below to learn more about Maine employment law and how the law protects you.
The Maine Human Rights Act makes it illegal for an employer to discriminate on the basis of race, color, sex, sexual orientation, age, physical or mental disability, genetic pre-disposition, religion, ancestry or national origin.
The Maine Human Rights Act also prohibits discrimination because of filing a claim or asserting a right under the Worker’s Comp. Act or retaliation under the Whistleblower’s Act.
Maine law protects workers in discrimination cases regardless of age, unlike the federal Age Discrimination in Employment Act (ADEA) which covers only workers over 40. Maine law also permits all workers who prevail in age cases to recover compensatory (emotional pain and suffering) and punitive damages (damages intended to punish the employer), which are not allowed under federal law in age discrimination cases.
In Maine, a discrimination claim can be filed either with the state administrative agency, the Maine Human Rights Commission (MHRC) or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have what is called a “work-sharing agreement,” which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to “cross-file” the claim with the other agency.
The Maine anti-discrimination statute covers employers of any size. Therefore, if your workplace has between 1 and 14 employees, you should file with the MHRC, as the EEOC enforces federal law which covers only employers with 15 or more employees. (Please note that the types of damages you may be able to recover against employers with fewer than 15 employees is limited under state law). Some Maine attorneys recommend that you file with the MHRC first for all types of discrimination claims, since its Maine office makes it more convenient to process your claim than the EEOC’s closest office in Boston.
To file a claim with the MHRC, contact its office below. More information about filing a claim with the MHRC can be found at the MHRC website.
Maine Human Rights Commission
19 Union Street
Augusta, ME 04330
Phone: (207) 624-6290
To file a claim with the EEOC, contact your local EEOC office below. More information about filing a claim with the EEOC can be found at the EEOC How to File page.
EEOC — Boston Area Office
25 Sudbury Street
Boston, MA 02222
Phone: (617) 865-3670
EEOC has launched an online service that enables individuals who have filed a discrimination charge to check the status of their charge online. This service provides a portal to upload and receive documents and communicate with the EEOC, allowing for a faster transmitting period. Those who have filed a charge can access information about their charge at their convenience, and allow entities that have been charged to receive the same information on the status of the charge. All of the EEOC offices now use the Digital Charge System. If you file on or after September 2, 2016, the Online Charge Status System is available for use. The system is not available for charges filed prior to this date or for charges filed with EEOC’s state and local Fair Employment Practices Agencies. The system can be accessed at the EEOC website. If you do not have internet or need language assistance, you may call the toll-free number at 1-800-669-4000. For additional help, you may also call the toll free number to retrieve the same information provided in the Online Charge Status System.
Do not delay in contacting the MHRC or EEOC to file a claim. There are strict time limits in which charges of employment discrimination must be filed. To preserve your claim under state law, you must file with the MHRC (or cross-file with the EEOC) within six months of the date you first became aware of a discriminatory employment action even if the action did not take effect until later. To preserve your claim under federal law, generally you must file with the EEOC (or cross-file with the state agency) within 180 days from the date the discrimination took place. If a state or local agency enforces a law that prohibits employment discrimination, then the deadline is extended to 300 days. For age discrimination claims, there must be state law that prohibits age discrimination and a state agency to enforce the law, for the 300 day extension to apply. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible, but if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your discrimination claim with the state and federal administrative agencies.
When your charge is filed, the EEOC will give you a copy of your charge with your charge number. Within 10 days, the EEOC will also send a notice and a copy of the charge to the employer. At that point, the EEOC may decide to do one of the following:
- Ask both you and the employer to take part in a mediation program
- Ask the employer to provide a written answer to your charge and answer questions related to your claim, then your charge will be given to an investigator
- Dismiss the claim if your charge was not filed in time or if the EEOC does not have jurisdiction
If the EEOC decides to investigate your charge, the EEOC may interview witnesses and gather documents. Once the investigation is complete, they will let you and the employer know the result. If they decides that discrimination did not occur then they will send you a “Notice of Right to Sue.” This notice gives you permission to file a lawsuit in a court of law. If the EEOC determines that discrimination occurred then they will try to reach a voluntary settlement with the employer. If a settlement cannot reached, your case will be referred to the EEOC’s legal staff (or the Department of Justice in certain cases), who will decide whether or not the agency should file a lawsuit. If the EEOC decides not to file a lawsuit then they will give you a “Notice of Right to Sue.”
How long the investigation takes depends on a lot of different things, including the amount of information that needs to be gathered and analyzed. On average, it takes the EEOC nearly 6 months to investigate a charge. A charge is often able to settle faster through mediation (usually in less than 3 months).
If your case is successfully resolved by an administrative agency, it may not be necessary to hire an attorney or file a lawsuit (to resolve your case, you probably will be required as to sign a release of your legal claims). If your case is not resolved by the MHRC or EEOC and you may want to continue to pursue the matter, you will need to pursue your claim in court. A federal employment discrimination case cannot be filed in court without first going to the EEOC, as discussed above, and having the EEOC dismiss your claim. This process is called “exhaustion” of your administrative remedy. Similarly, before you can proceed with a lawsuit based on your state discrimination claim, you should file with the MHRC. While exhaustion under state law is not strictly required, a failure to file with the MHRC will limit the damages you can recover in court.
Because the resolution of a federal lawsuit tends to be faster, many Maine attorneys choose to file employment discrimination cases in federal court. However, most cases may be brought in either state or federal court. It is easier in Maine state court to prevent summary judgment (a dismissal of the case prior to trial after presenting disputed and undisputed facts to a judge), according to some attorneys.
The EEOC must first issue the document known as “Dismissal and Notice of Rights” or “Notice of Right to Sue” (Form 161) before you can file a case based upon your federal claim. A lawsuit based on your federal discrimination claim must be filed in federal or state court within 90 days of the date you receive the notice. (Be sure to mark down that date when you receive the notice.)
After your case has been pending with the MHRC for 180 days, then you may request a similar “right-to-sue” letter from MHRC to proceed with your state claim. A lawsuit based on your state discrimination claim must be filed within 2 years of the date you believe you were discriminated against.
These deadlines are called the “statute of limitations.” If you have received one of these agency dismissal notices, do not delay consulting with an attorney. If your lawsuit is not filed by the deadline, then you may lose your ability to pursue a discrimination case.