Maine has added the receipt of a final protection order to the list of characteristics protected under the Maine Human Rights Act (MHRA). For employers, this has practical implications for how workplaces respond when an employee discloses that they have sought legal protection from an abusive or threatening family or household member.
A final protection order, often referred to as a Protection from Abuse (“PFA”) order, is a court-issued order granted after a formal hearing. It is issued to individuals who have experienced abuse or credible threats from a family or household member.
Under the amendments to the MHRA, holding such an order is a protected status under Maine employment law. This means that an employee or job applicant cannot be treated adversely in the workplace simply because they have taken legal steps to protect themselves from domestic abuse. This new status sits alongside the MHRA's existing protected categories including race, sex, age, disability, sexual orientation, genetic information and whistleblower activity, and carries the same weight.
Because this protection operates within the MHRA's existing framework, the full scope of the Act's employment prohibitions applies to this new protected status. Therefore, an employer cannot, because an employee or applicant holds a final protection order:
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