Section 348-3-2 - DEFINITIONS1.Commission means the Maine Human Rights Commission established by the Act.2.Covered entity means an employer, employment agency, labor organization or joint labor-management committee.3.Direct threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a "direct threat" shall be based on an individualized assessment of the individual's present ability to safely perform the essential functions of the job. This assessment shall be based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence. In determining whether an individual would pose a direct threat, the factors to be considered include:A. The duration of the risk;B. The nature and severity of the potential harm;C. The likelihood that the potential harm will occur; andD. The imminence of the potential harm.4.Discriminate includes, without limitation, segregate or separate. Discriminate also includes conduct amounting to harassment.5.Employee means an individual employed by an employer. Employee does not include any individual employed by that individual's parents, spouse or child, except for purposes of disability-related discrimination, in which case the individual is considered to be an employee.6.Employer includes any person in this State employing any number of employees, whatever the place of employment of the employees, and any person outside this State employing any number of employees whose usual place of employment is in this State; any person acting in the interest of any employer, directly or indirectly; and labor organizations, whether or not organized on a religious, fraternal or sectarian basis, with respect to their employment of employees. Employer does not include a religious or fraternal corporation or association, not organized for private profit and in fact not conducted for private profit, with respect to employment of its members of the same religion, sect or fraternity, except for purposes of disability-related discrimination, in which case the corporation or association is considered to be an employer.7.Employment agency includes any person undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer or place employees; it includes, without limitation, placement services, training schools and centers, and labor organizations, to the extent that they act as employee referral sources; and it includes any agent of such person.8.Familial status means that a family unit contains: A. One or more individuals who have not attained the age of 18 years and are living with a parent or another person having legal custody of the individual or individuals, or the designee of the parent or other person having custody, with the written permission of the parent or other person; orB. One or more individuals 18 years of age or older who lack the ability to meet essential requirements for physical health, safety or self-care because the individual or individuals are unable to receive and evaluate information or make or communicate decisions.9.Gender expression means the manner in which an individual's gender identity is expressed, including, but not limited to, through dress, appearance, manner, speech, or lifestyle, whether or not that expression is different from that traditionally associated with that individual's assigned sex at birth.10.Essential functions- A.In general. The term essential functions means the fundamental job duties of the employment position the individual with a physical or mental disability holds or desires. The term essential functions does not include the marginal functions of the position.B. A job function may be considered essential for any of several reasons, including but not limited to the following: (1) The function may be essential because the reason the position exists is to perform that function;(2) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or(3) The function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.C. Evidence of whether a particular function is essential includes, but is not limited to: (1) The employer's judgment as to which functions are essential;(2) Written job descriptions prepared before advertising or interviewing applicants for the job;(3) The amount of time spent on the job performing the function;(4) The consequences of not requiring the incumbent to perform the function;(5) The terms of a collective bargaining agreement;(6) The work experience of past incumbents in the job; and/or(7) The current work experience of incumbents in similar jobs.11.Gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's assigned sex at birth.12.Harassment includes verbal or physical conduct related to a protected class or directed at a person or persons because of protected class status when:A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's access to employment or any of the terms, conditions, or privileges of employment;B. Submission to or rejection of such conduct by an individual is used as the basis for an individual's access to employment or any of the terms, conditions, or benefits of employment;C. Such conduct has the purpose or effect of unreasonably interfering with an individual's access to employment or any of the terms, conditions, or benefits of employment, or creating an intimidating, hostile, or offensive environment in those settings; orD. Such conduct constitutes an assault, as defined by Title 17-A, section 207. 13.Labor organization means a labor organization and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.14.Normal retirement age means the specified age, the years of service requirement or any age and years of service combination at which a member may become eligible for retirement benefits. This sub-section may not be construed to require the mandatory retirement of a member or to deny employment to any person based solely on that person's normal retirement age.15.Order of protection means an order of protection from abuse issued pursuant to 19-A M.R.S. §4007. 16.Person includes one or more individuals, partnerships, associations, organizations, corporations, municipal corporations, legal representatives, trustees, trustees in bankruptcy, receivers and other legal representatives, labor organizations, mutual companies, joint-stock companies and unincorporated organizations and includes the State and all agencies thereof.17.Physical or mental disability has the meaning set forth in the Act, 5 M.R.S. §4553- A.18.Protected class means the classes listed in 5 M.R.S. §4571, as well as a previous assertion of a claim or right under former Title 39 or Title 39-A, previous actions that are protected under Title 26, chapter 7, subchapter 5-B, or having obtained an order of protection under Title 19-A §4007. Protected class does not include discrimination governed by 39-A M.R.S. §353. Protected class also includes being perceived as a member of a protected class, as well as having a known relationship or association with a member of a protected class. Protected class also includes traits associated with protected class status, such as natural hair textures, Afro styles and protective hair styles (such as braids, twists, and locks) or protected-class related body modifications.19.Qualified individual with a disability means an individual with a physical or mental disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires.20.Reasonable accommodation - A.Reasonable accommodation means, with regard to individuals with disabilities: (1) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or(2) Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or(3) Modifications or adjustments that enable a covered entity's employee with a physical or mental disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities. B.Reasonable accommodation is also applicable to other protected class statuses when individuals, because of protected class status, require modifications or adjustments in order to perform the essential functions of their positions. Examples of such situations include, but are not limited to: (1) Schedule modifications to accommodate an individual's religious practices;(2) Modifications to dress/appearance rules to accommodate natural hair styles or protected-status related body modifications; and(3) Modifications to eliminate language barriers, such as providing screening examinations in languages other than English.C.Reasonable accommodation may include but is not limited to:(1) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and(2) Job restructuring; part-time or modified work schedules; leaves of absence; reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; the provision of qualified readers or interpreters; and other similar accommodations.D. To determine the appropriate reasonable accommodation it may be necessary for the covered entity to initiate an informal, interactive process with the individual in need of the accommodation. This process should identify the protected status related limitations of the individual and potential reasonable accommodations that could overcome those limitations.E. A covered entity is required, absent undue hardship, to provide a reasonable accommodation to an otherwise qualified individual who meets the definition of physical or mental disability under the "actual disability" prong (5 M.R.S. §4553- A(1)(A, B)), or "record of" prong (5 M.R.S. §4553- A(1)(C)), but is not required to provide a reasonable accommodation to an individual who meets the definition of physical or mental disability solely under the "regarded as" prong (5 M.R.S. §4553- A(1)(D)).21.Religion includes all aspects of religious observance and practice, as well as belief.22.Sexual orientation means a person's pattern of sexual, emotional, or romantic attraction to others, which may include, but is not limited to, actual or perceived heterosexuality, bisexuality, and homosexuality. Sexual orientation as a protected class also includes a person's gender identity and gender expression.23.Test means all employee selection procedures used to make employment decisions. Employee selection procedures include the evaluation of applicants, candidates or employees on the basis of stated minimum and preferred job qualifications, application forms, interviews, performance examinations, paper and pencil examinations, performance in training programs or probationary periods and any other procedures used to make an employment decision whether administered by an employer, employment agency, labor organization, licensing or certification board or apprenticeship committee. Employment decisions include, but are not limited to hiring, promotion, demotion, membership in a labor organization, referral, retention, licensing, certification and membership in an apprenticeship program.24.Undue hardship means, with respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity, when considered in light of the following factors: A. The nature and cost of the accommodation needed under the Act, taking into consideration the availability of tax credits and deductions, and/or outside funding;B. The overall financial resources of the facility or facilities involved in the action, the number of persons employed at the facility, the effect on expenses and resources;C. The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of its employees and the number, type and location of its facilities;D. The type of operation or operations of the covered entity, including the composition, structure and functions of the work force of the entity, the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity;E. The impact of the accommodation upon the operation of the facility, including the impact on the ability of other employees to perform their duties and the impact on the facility's ability to conduct business.F. The extent to which current costs of accommodations have been minimized by past efforts to provide equal access to persons with disabilities;G. The extent to which resources spent on improving inaccessible equipment or service could have been spent on making an accommodation so that service or equipment is accessible to individuals with disabilities, as well as to individuals without disabilities;H. Documented good faith efforts to explore less restrictive or less expensive alternatives;I. The availability of equipment and technology for the accommodation;J. Efforts to minimize costs by spreading costs over time; andK. The extent to which resources saved by failing to make an accommodation for persons who have disabilities could have been saved by cutting costs in equipment or services for the general public.25.Qualification standards means the personal and professional attributes including the skill, experience, education, physical, medical, safety and other requirements established by a covered entity as requirements which an individual must meet in order to be eligible for the position held or desired.