The law, Title 26, section 807 of the Maine Revised Statutes, was initiated by the Maine Women's Lobby and was introduced to the Maine legislature with bipartisan sponsorship, where it won unanimous approval from the Maine House and Senate. In 1991 Maine was the first state that required sexual harassment training. Maine ensures that companies or an employer with over 15 employees offer sexual harassment training to both supervisors and employees. The Maine state law indicates that any form of sexual harassment is a violation of human rights.
The Law Related to Sexual Harassment under Maine Law.
- Sex violation based on physical or verbal misconduct
- An employer, labor organization, committee, or agency takes responsibility for the acts of employees and their acts regarding any form of sexual harassment at the workplace
- Employers must protect employees from sexual harassment or prevent any behavior related to sexual misconduct. Employees should also follow the measure put in place by employers against sexual harassment
- Any form of sexual harassment to other people aside from the agents, supervisors, or employees, the employer takes the responsibility of the action in case the employees or supervisor knew about the behavior
Examples of Sexual Harassment under Maine State Law include:
- Harassing a person based on his/her gender
- Verbal or physical advances towards a person
- Name-calling that looks sexual
- Sharing or in possession of sexual pictures or images
- Promising an employee work improvement such as salary increment or promotion in exchange for sex
The law requires employers to carry out the sexual harassment training on the employees within one year from the date of hiring or promotion. The requirements include:
- New Employees must receive training within one year after recruiting them
- All supervisors must undergo training within one year of receiving the supervisory position
Also, all supervisors or managers must take additional training within one year of promotion or when hired. The training must provide them with information on:
- Supervisory and managerial responsibilities
- How to take immediate and appropriate action in handling sexual harassment cases according to the Maine State of law
The Requirements included in Maine Sexual Harassment Training
Under the Maine state law, the following requirements have to be included in the training content?
- Notice provided in a written form with information showing the illegality of sexual harassment
- The description of sexual harassment with detailed examples
- An accurate definition of sexual harassment and the illegalities
- The legal, internal complaints process for employees
- A clear direction on how to quickly contact the Maine Human Right Commission
- The legal complaint process involves through Maine Human Right Commission
- How employees should get protection against Retaliation
According to Maine law, all the employers with 15 or more employees must follow the following requirements :
- Ensure they keep the record of all employees who participated in the sexual harassment training. The document must have the
- Name of each employee who attended the training
- The date and time that the training took place
- The necessary written material that the employees received as part of the training
- Keep accurate records for at least three years and made available in case of an inspection from the Maine labor Department
- Employers should provide the employees with annual written notice with information describing: the Types of sexual harassment at a workplace with detailed examples, the illegality of each sexual harassment and protection against each
- Place the posters with sexual harassment information in a location that everybody can quickly access
- Ensure all the employees and supervisors get the Maine state law training within a year from the hiring or promotion time. T
- he employers must also update the sexual harassment training regularly to comply with any new Maine state law implemented and ensure the company meets all the necessary obligations for training.
All employers must comply with the Maine state law of providing training; offer annual notice and post notice related to sexual harassment in the workplace, failure to which they face penalties up to 5000 dollars in fine. Different sexual violation will attract an unusual amount of fine.