APPROVED CHAPTER
JUNE 22, 2023 266
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 1092 - L.D. 1703
An Act to Amend the Maine Equal Pay Law by Prohibiting Pay
Discrimination Based on Race
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §628, as amended by PL 2019, c. 35, §3, is further amended to
read:
§628. Equal pay
This section may be known and cited as "the Maine Equal Pay Law."
An employer may not discriminate between employees in the same establishment on
the basis of sex by paying wages to any employee in any occupation in this State at a rate
less than the rate at which the employer pays any employee of the opposite sex for
comparable work on jobs that have comparable requirements relating to skill, effort and
responsibility. An employer may not discriminate between employees in the same
establishment on the basis of race by paying wages to any employee in any occupation in
this State at a rate less than the rate at which the employer pays any employee of another
race for comparable work on jobs that have comparable requirements relating to skill, effort
and responsibility. Differentials that are paid pursuant to established seniority systems or
merit increase systems or difference in the shift or time of the day worked that do not
discriminate on the basis of sex or race are not within this prohibition the prohibitions in
this section. An employer may not discharge or discriminate against any employee by
reason of any action taken by such employee to invoke or assist in any manner the
enforcement of this section. An employer may not prohibit an employee from disclosing
the employee's own wages or from inquiring about or disclosing another employee's wages
if the purpose of the disclosure or inquiry is to enforce the rights granted by this section.
Nothing in this section creates an obligation to disclose wages.
The Department of Labor shall annually report to the joint standing committee of the
Legislature having jurisdiction over labor matters on progress made in the State to comply
with this section. The report must be issued annually on Equal Pay Day as designated
pursuant to Title 1, section 145.
Page 1 - 131LR1947(03)


Statutes affected:
Bill Text LD 1703, HP 1092: 26.628
Bill Text ACTPUB , Chapter 266: 26.628