Prevent Discrimination under the Maine Workers' Compensation Act of 1992

Last updated: May 19, 2019

Details about this bill
Category: Wage and Labor
Status: Defeated
Sponsor: Senator Troy Jackson, Senate 35 - York County
Session: 129
Bill #: LD 1624

Position:

Monitoring.

Summary:

Current law provides that an employer may not discriminate against an employee for asserting a workers' compensation claim. In Maietta v. Town of Scarborough, 2004 ME 97, 854 A.2d 223, the Law Court interpreted this provision as prohibiting discrimination against an employee only if the assertion of the workers' compensation claim was the primary basis or cause for the employer's adverse action against the employee. This bill amends the law to specify that if an employee's assertion of a workers' compensation claim or right constitutes any part of the basis upon which an employer decides to discipline or terminate an employee, it is a violation of the prohibition.