An Act To Prohibit Discrimination by Employers and Protect the Privacy of an Applicant for Employment, an Employee or an Employee's Dependents Regarding Reproductive Health Decisions

Sec. 1. 26 MRSA c. 7, sub-c. 2-B  is enacted to read:

SUBCHAPTER 2-B

PROTECTION OF PRIVACY OF REPRODUCTIVE HEALTH DECISIONS

§ 651.  Discrimination prohibited

A person, firm, corporation, unincorporated association, state agency, unit of local government or any public or private entity may not discriminate with respect to compensation, terms, conditions or privileges of employment against an employee, an employee's dependent or an applicant for employment on the basis of the employer's beliefs about a particular drug, device or medical service.

§ 652.  Adverse employment action prohibited

An employer may not take any adverse employment action against an employee based on the use of a particular drug, device or medical service related to the employee's or the employee's dependent's reproductive health decisions. For purposes of this section, "adverse employment action" includes but is not limited to termination, demotion or refusal to promote or advance, removal from better or loss of career specialty, reassignment to a different shift, reduction of wages or benefits, refusal to provide training opportunities or transfer to a different department, adverse administrative action or any other penalty or disciplinary or retaliatory action.

§ 653.  Privacy protected

An employer may not obtain or inquire about an employee's personal information regarding the employee's or the employee's dependent's reproductive health decisions, including but not limited to a decision to use a particular drug, device or medical service, without the employee's prior informed affirmative written consent.

§ 654.  Other rights and protections not limited

Nothing in this chapter may be construed to limit any rights or protections against employment discrimination of an employee provided through any other provision of law or collective bargaining unit.

SUMMARY

This bill protects employees and employment applicants from discrimination based on an employer's beliefs about a particular drug, device or medical service. It also prohibits an employer from obtaining or inquiring about information about an employee's or an employee's dependent's reproductive health decisions, including but not limited to a decision to use a particular drug, device or medical service, without the employee's prior informed affirmative written consent. The bill prohibits employers from taking any adverse employment action against an employee based on the use of any particular drug, device or medical service related to the employee's or the employee's dependent's reproductive health decisions. No existing rights or protections against discrimination of an employee provided through any other provision of law or collective bargaining unit are limited by this chapter.