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against any member because of race or color, sex, sexual | orientation, physical or mental disability, religion, age, | ancestry or national origin, because of the member's previous | assertion of a claim or right under former Title 39 or Title | 39-A or because of previous actions taken by the member that | are protected under Title 26, chapter 7, subchapter V-B 5-B; | or to cause or attempt to cause an employer to discriminate | against an individual in violation of this section, except | that it is lawful for labor organizations and employers to | adopt a maximum age limitation in apprenticeship programs, if | the employer or labor organization obtains prior approval from | the Maine Human Rights Commission of any maximum age | limitation employed in an apprenticeship program. The | commission shall approve the age limitation if a reasonable | relationship exists between the maximum age limitation | employed and a legitimate expectation of the employer in | receiving a reasonable return upon the employer's investment | in an apprenticeship program. The employer or labor | organization bears the burden of demonstrating that such a | relationship exists; |
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| | Sec. 12. 5 MRSA §4572, sub-§1, ¶D, as amended by PL 1995, c. 393, §12, | is further amended to read: |
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| D. For any employer, employment agency or labor | organization, prior to employment or admission to membership | of any individual, to: |
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| (1) Elicit or attempt to elicit information directly | or indirectly pertaining to race or color, sex, sexual | orientation, physical or mental disability, religion, | age, ancestry or national origin, any previous | assertion of a claim or right under former Title 39 or | Title 39-A or any previous actions that are protected | under Title 26, chapter 7, subchapter V-B 5-B; |
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| (2) Make or keep a record of race or color, sex, | sexual orientation, physical or mental disability, | religion, age, ancestry or national origin, any | previous assertion of a claim or right under former | Title 39 or Title 39-A or any previous actions that are | protected under Title 26, chapter 7, subchapter V-B 5- | B, except under physical or mental disability when an | employer requires a physical or mental examination | prior to employment, a privileged record of that | examination is permissible if made and kept in | compliance with this Act; |
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