Maine Harassment Prevention
Maine Harassment Prevention
Summary:
All employers located or doing business in Maine, which employ more
than 15 employees, must provide sexual harassment training to all employees
Relevant Maine laws1
Title 26 M.R.S.A., Section 806 & 807
What companies must provide training:
Employers2 with more than 15 employees
Who must be trained:
All employees and supervisors3
How frequently must employees be trained:
The law is silent on the need to train an employee more
than once
When must employees be trained:
Within 1 year of being hired or promoted to supervisor
Minimum training requirements for all employees:
-
Training must include:
- The illegality of sexual harassment
- The definition of sexual harassment under state and federal laws and
federal regulations
- A description of sexual harassment, utilizing examples
- The internal complaint process available to the employee
- The legal recourse and complaint process available through the
commission
- Directions on how to contact the commission
- The protection against retaliation
-
Additional interactive training to all supervisors including:
- Specific responsibilities of supervisory and managerial employees
- Methods that supervisors must take to ensure immediate and appropriate
corrective action in addressing sexual harassment complaints
- There is no minimum amount of training time so long as the training meets
the minimum standards required
- The training is not required to be interactive, although the Maine Human
Rights Commission noted that that interactive training, including web-based
training, is considered the most effective method of providing
training
- Employers shall use the checklist provided by the department to develop a
sexual harassment training program
- Employers shall keep a record of the training, including a record of
employees who have received the training. Employers must keep a record of
who has completed the training for at least 3 years
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- Maine
Revised Statutes, Section 806, Title 26, Chapter 7, Subchapter 4-B,
Section 806 & 807 was signed into law June 1991 and became effective
October 1991 requiring sexual harassment training. Maine
Human Rights Act Title 5, Part 12 prohibits discrimination based on
sex and sexual orientation and harassment based on protected
characteristics. The Department of Labor published a
Sexual Harassment Education and Training checklist.
- "Employer" means any person, partnership, firm, association, corporation,
employment agency, labor organization, joint apprenticeship committee or
other legal entity, public or private, that is located or doing business in
the State.
- "Employee" means any person engaged to work on a steady or regular basis,
whether fulltime or part-time, by an employer located or doing business in
the State. The law is silent on the definition of supervisor.
The above should not be viewed as legal advice and
we always recommend speaking to your legal counsel where you have specific legal
questions.