Maine has enacted legislation (Legislative Document 1167) that prohibits employers from requesting criminal history information on an initial employee application. Legislative Document 1167 takes effect October 18, 2021.
Legislative Document 1167 also prohibits employers from stating on an initial employee application or advertisement that a person with a criminal history won’t be considered for a position prior to determining whether a person is otherwise qualified for the position.
Exceptions:
The above prohibitions don’t apply when:
· The position is one for which a federal or state law or regulation or rule creates a mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses, and the questions on the initial employee application form are limited to the types of criminal offenses creating the disqualification; or
· The employer is subject to an obligation imposed by a federal or state law or regulation or rule not to employ in a position a person who has been convicted of one or more types of criminal offenses, and the questions on the initial employee application form are limited to the types of criminal offenses creating the obligation.
Interviews:
An employer may inquire about a prospective employee's criminal history record information during an interview or once the prospective employee has been determined otherwise qualified for the position. In such cases, the employer must afford to the prospective employee the opportunity to explain the information and the circumstances regarding any convictions, including post-conviction rehabilitation.
Compliance Recommendations:
Maine employers should remove criminal history questions from application forms and review job advertisement procedures to ensure compliance with Legislative Document 1167. Please contact your dedicated service professional with any questions.