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or in hiring them, to utilize any employment agency that the | employer knows or has reasonable cause to know discriminates | against individuals because of their race or color, sex, | sexual orientation, physical or mental disability, religion, | age, ancestry or national origin, because of their previous | assertion of a claim or right under former Title 39 or Title | 39-A or because of previous actions that are protected under | Title 26, chapter 7, subchapter V-B 5-B; |
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| (1) This paragraph does not apply to discrimination | governed by Title 39-A, section 353; |
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| B. For any employment agency to fail or refuse to classify | properly, refer for employment or otherwise discriminate | against any individual because of race or color, sex, sexual | orientation, physical or mental disability, religion, age, | ancestry or national origin, because of the individual's | previous assertion of a claim or right under former Title 39 |
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| or Title 39-A or because of previous actions taken by the | individual that are protected under Title 26, chapter 7, | subchapter V-B 5-B; or to comply with an employer's request | for the referral of job applicants if a request indicates | either directly or indirectly that the employer will not | afford full and equal employment opportunities to | individuals regardless of their race or color, sex, sexual | orientation, physical or mental disability, religion, age, | ancestry or national origin, because of previous assertion | of a claim or right under former Title 39 or Title 39-A or | because of previous actions that are protected under Title | 26, chapter 7, subchapter V-B 5-B; |
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| C. For any labor organization to exclude from apprenticeship or | membership or to deny full and equal membership rights to any | applicant for membership because of race or color, sex, sexual | orientation, physical or mental disability, religion, age, | ancestry or national origin, because of the applicant's previous | assertion of a claim or right under former Title 39 or Title 39-A | or because of previous actions taken by the applicant that are | protected under Title 26, chapter 7, subchapter V-B 5-B; or, | because of those reasons, to deny a member full and equal | membership rights, expel from membership, penalize or otherwise | discriminate with respect to hire, tenure, promotion, transfer, | compensation, terms, conditions or privileges of employment, | representation, grievances or any other matter directly or | indirectly related to membership or employment, whether or not | authorized or required by the constitution or bylaws of that | labor organization or by a collective labor agreement or other | contract; to fail or refuse to classify properly or refer for | employment or otherwise discriminate |
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