EMPLOYERS: as of 2019
Workplaces with 15 or more employees must provide training to:
All new employees within one year of beginning employment. Additional requirements for supervisory and managerial employees within one year of beginning employment.
ME WORKPLACE POSTING & NOTIFICATION REQUIREMENTS
Workplace Posting. An employer is required to post in a prominent and accessible location in the workplace a poster providing, at a minimum, the following:
• The illegality of sexual harassment.
• A description of sexual harassment, utilizing examples.
• The complaint process available through the Maine Human Rights Commission.
• Directions on how to contact the commission.
Employee Notification. Employers are required to annually provide all employees with individual written notice that includes the following:
• A statement stating the illegality of sexual harassment.
• The definition of sexual harassment under state law. A description of sexual harassment, utilizing examples.
• The internal complaint process available to the employee.
• The legal recourse and complaint process available through the Maine Human Rights Commission. Directions on how to contact the commission.
• The protection against retaliation.
• The notice must be delivered in a manner to ensure notice to all employees without exception, such as including the notice with an employee’s paycheck.
ME HARASSMENT TRAINING CONTENT REQUIREMENTS
The training for all employees must include:
• The illegality of sexual harassment.
• The definition of sexual harassment under the Maine Human Rights Law and federal law.
• A description of sexual harassment, using examples.
• The internal complaint process available to the employee.
• The legal recourse and complaint process available from the Maine Human Rights Commission.
• Directions on how to contact the commission.
• Information about retaliation protections.
Additional training for supervisory and managerial employees must include:
• The specific responsibilities of supervisory and managerial employees.
• Actions that supervisory and managerial employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.
Additional training for supervisory and managerial employees within one year of commencement of employment is mandatory. This training must include, at a minimum, the specific responsibilities of supervisory and managerial employees and methods that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Education and training programs conducted by the state, a county, or a municipality for its public safety personnel, including, but not limited to, law enforcement personnel, corrections personnel, and firefighters, may use the guidelines to meet training and education requirements mandated by any other law, rule, or other official requirement.
Recordkeeping
Employers must:
• Keep a record of the training, including employees receiving the training.
• Maintain training records for at least three years.
Compliance Checklist. The Maine Department of Labor provides a mandatory compliance checklist for employers covering the education and training requirements. Employers must use this checklist to develop a sexual harassment training program and must keep a record of the training, including a record of employees who have received the required training for at least three years. Record must be made available for departmental inspection upon request.
ME HARASSMENT TRAINING CONTENT REQUIREMENTS
The training for all employees must include:
• The illegality of sexual harassment.
• The definition of sexual harassment under the Maine Human Rights Law and federal law.
• A description of sexual harassment, using examples.
• The internal complaint process available to the employee.
• The legal recourse and complaint process available from the Maine Human Rights Commission.
• Directions on how to contact the commission.
• Information about retaliation protections.
Additional training for supervisory and managerial employees must include:
• The specific responsibilities of supervisory and managerial employees.
• Actions that supervisory and managerial employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.
Additional training for supervisory and managerial employees within one year of commencement of employment is mandatory. This training must include, at a minimum, the specific responsibilities of supervisory and managerial employees and methods that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Education and training programs conducted by the state, a county, or a municipality for its public safety personnel, including, but not limited to, law enforcement personnel, corrections personnel, and firefighters, may use the guidelines to meet training and education requirements mandated by any other law, rule, or other official requirement.
Recordkeeping
Employers must:
• Keep a record of the training, including employees receiving the training.
• Maintain training records for at least three years.
Compliance Checklist. The Maine Department of Labor provides a mandatory compliance checklist for employers covering the education and training requirements. Employers must use this checklist to develop a sexual harassment training program and must keep a record of the training, including a record of employees who have received the required training for at least three years. Record must be made available for departmental inspection upon request.
ME HARASSMENT TRAINING ENFORCEMENT & PENALTIES
Enforcement
The Maine Department of Labor enforces the notification requirements and, upon inspection or complaint, must ensure that employers have provided the required training. If the department has determined that an employer has complied with the law, then that determination and all completed department enforcement actions are considered final. However, department actions do not limit or affect the authority or jurisdiction of the commission.
Penalties
An employer that violates the notification, education, or training requirements may be assessed the following fines:
• $1,000 for the first violation;
• $2,500 for the second violation; and
• $5,000 for a third or subsequent violation.
Download Maine Training Requirements