An Act To Coordinate and Enforce Existing Workplace Training Requirements
Sec. 1. 26 MRSA §806, sub-§1-A is enacted to read:
Sec. 2. 26 MRSA §807, as enacted by PL 1991, c. 474, §2, is amended to read:
§ 807. Requirements
In addition to employer responsibilities set forth in rules adopted under Title 5, section 4572, all employers shall act to ensure a workplace free of sexual harassment by implementing the following minimum requirements.
Education and training programs conducted under this subsection 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 be used to meet training and education requirements mandated by any other law, rule or other official requirement.
The commission may request department enforcement records related to a complaint filed with the commission when the complaint is related to this subsection. Such records are subject to section 3.
(1) For the first violation, a fine of up to $25 per day, not to exceed $1,000;
(2) For a 2nd violation occurring within 3 years of a prior violation, a fine of not less than $25 per day up to $50 per day, not to exceed $2,500; and
(3) For a 3rd or subsequent violation occurring within 3 years of 2 or more prior violations, a fine of not less than $25 per day up to $100 per day, not to exceed $5,000.
(1) For the first violation, a fine of $1,000;
(2) For a 2nd violation, a fine of $2,500; and
(3) For a 3rd or subsequent violation, a fine of $5,000.
This bill amends the law to specify the roles and responsibilities of the Department of Labor and the Maine Human Rights Commission in the development, execution and enforcement of the existing workplace training requirements for sexual harassment. It adds penalties for employers who have not met the posting, notification, education and training requirements and requires that the content of the training be developed and updated annually by the Maine Human Rights Commission.