Me. Rev. Stat. » Title 5
Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 4572-A (2026)

Unlawful employment discrimination on the basis of sex

✓ current as of May 2026
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1.  Sex defined.  For the purpose of this Act, the word "sex" includes pregnancy and medical conditions that result from pregnancy.  
[PL 2019, c. 490, §2 (AMD).]
2.  Pregnant persons who are able to work.  It is unlawful employment discrimination in violation of this Act, except where based on a bona fide occupational qualification, for an employer, employment agency or labor organization to treat a pregnant person who is able to work in a different manner from other persons who are able to work.  
[PL 2019, c. 490, §2 (AMD).]
3.  Pregnant persons who are not able to work.  It is unlawful employment discrimination in violation of this Act, except where based on a bona fide occupational qualification, for an employer, employment agency or labor organization to treat a pregnant person who is not able to work because of a disability or illness resulting from pregnancy, or from medical conditions that result from pregnancy, in a different manner from other employees who are not able to work because of other disabilities or illnesses.  
[PL 2019, c. 490, §2 (AMD).]
2-A.  Accommodations for pregnancy-related conditions.  Accommodations for pregnancy-related conditions are set forth in this subsection.  
A. Nothing in this section may be construed to indicate or deem that a pregnancy-related condition necessarily constitutes a disability.   [PL 2019, c. 490, §2 (NEW).]
B. It is unlawful employment discrimination in violation of this Act for an employer, employment agency or labor organization to fail upon request to provide a reasonable accommodation to any employee with a pregnancy-related condition, unless the employer, employment agency or labor organization can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer, employment agency or labor organization.   [PL 2019, c. 490, §2 (NEW).]
C. Reasonable accommodations for a pregnancy-related condition may include, but are not limited to, providing more frequent or longer breaks; temporary modification in work schedules, seating or equipment; temporary relief from lifting requirements; temporary transfer to less strenuous or hazardous work; and provisions for lactation in compliance with Title 26, section 604.   [RR 2019, c. 1, Pt. A, §6 (COR).]
[PL 2019, c. 490, §2 (NEW); RR 2019, c. 1, Pt. A, §6 (COR).]
4.  Employer not responsible for additional benefits.  Nothing in this section may be construed to mean that an employer, employment agency or labor organization is required to provide sick leave, a leave of absence, medical benefits or other benefits to a person because of pregnancy or other medical conditions that result from pregnancy, if the employer, employment agency or labor organization does not also provide sick leaves, leaves of absence, medical benefits or other benefits for the employer's other employees and is not otherwise required to provide those leaves or benefits under other state or federal laws. Reasonable accommodations for pregnancy-related conditions are not additional benefits.  
[PL 2019, c. 490, §2 (AMD).]
5.  Small business exception. 
[PL 1985, c. 119 (RP).]
SECTION HISTORY
PL 1979, c. 79 (NEW). PL 1985, c. 119 (AMD). PL 1995, c. 393, §14 (AMD). PL 2019, c. 490, §2 (AMD). RR 2019, c. 1, Pt. A, §6 (COR).
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Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1979–2024 · leading case: Maine Human Rights Comm'n v. City of Auburn, 408 A.2d 1253 (Me. 1979).
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Maine Human Rights Comm'n v. City of Auburn, 408 A.2d 1253 (Me. 1979). “See also 5 M.R.S.A. § 4572-A (1979). 22 . In the recent case of Brace v.”
Green v. New Balance Athletic Shoe, Inc., 182 F. Supp. 2d 128 (D. Me. 2002). · cites it 2× “§ 2000e-2, and the Maine Pregnancy Act (the “MPA”), 5 M.R.S.A. § 4572-A (Count I); the federal Family and Medical Leave Act (the “FMLA”), 26 U.”
Tiemann v. Santarelli Enter., Inc., 486 A.2d 126 (Me. 1984). · cites it 2× “The plaintiff, however, contended that the defendant terminated her employment because she was pregnant, in violation of Maine’s Fair Employment Law, 5 M.R.S.A. § 4572-A(2) (Supp.1984). 2 On April 7,1981 the plaintiff filed a complaint against San-tarelli Enterprises, Inc.”
Low-Income Women Ex Rel. Prince v. Bost, 38 S.W.3d 689 (Tex. App. 2000). · cites it 2× “1999) ("sex" as defined in discrimination statute includes pregnancy, childbirth, or medical conditions related to pregnancy or childbirth); Me.Rev.Stat.Ann. tit. 5, § 4572-A (West 1989) (sex discrimination includes pregnancy and related medical conditions); N.”
Swenson v. Falmouth Pub. Schs. (D. Me. 2020). “2002) (“The Court specifically discusses Plaintiff’s claims pursuant to the PDA, but its conclusions are equally applicable to the Maine Pregnancy Act (‘MPA’), 5 M.R.S.A. § 4572-A.”). The PDA amended Title VII of the Civil Rights Act of 1964 by specifying that discriminatory…”
Ouellette v. Francescas Collections Inc (D. Me. 2021). “5 M.R.S. § 4572-A(4). Thus, unless an employer offers some sort of family leave, medical leave, disability leave, or other leave of absence to its non-pregnant employees who are unable to work, it is under no obligation to provide maternity leave to pregnant employees.”
Ouellette v. Francescas Collections Inc (D. Me. 2022). “5 M.R.S. § 4572-A(3). The statute also provides that employers are not required to provide sick leave or a leave of absence to a person because of pregnancy if the employer does not also provide such benefits to other employees and is not otherwise required to provide leave…”
Peluso v. Abbott Labs. (D. Me. 2024). “” 5 M.R.S.A. § 4572-A(1). In its motion, Abbott addresses the failure to rehire and failure to recall theories of liability separately, as distinct claims.”
Davis v. Emery Worldwide Corp. (Me. Super. Ct 2002). “5 MRS.A. § 4572-A(1),(2) (2002). The term “employer” includes” any person in this State employing any number of employees” as well as “any person acting in the interest of any employer.”
— Me. Rev. Stat. tit. 5, § 4572-A(1) — 2 cases
Peluso v. Abbott Labs. (D. Me. 2024). “” 5 M.R.S.A. § 4572-A(1). In its motion, Abbott addresses the failure to rehire and failure to recall theories of liability separately, as distinct claims.”
Davis v. Emery Worldwide Corp. (Me. Super. Ct 2002). “5 MRS.A. § 4572-A(1),(2) (2002). The term “employer” includes” any person in this State employing any number of employees” as well as “any person acting in the interest of any employer.”
— Me. Rev. Stat. tit. 5, § 4572-A(2) — 1 case
Tiemann v. Santarelli Enter., Inc., 486 A.2d 126 (Me. 1984). “The plaintiff, however, contended that the defendant terminated her employment because she was pregnant, in violation of Maine’s Fair Employment Law, 5 M.R.S.A. § 4572-A(2) (Supp.1984). 2 On April 7,1981 the plaintiff filed a complaint against San-tarelli Enterprises, Inc.”
— Me. Rev. Stat. tit. 5, § 4572-A(3) — 1 case
Ouellette v. Francescas Collections Inc (D. Me. 2022). “5 M.R.S. § 4572-A(3). The statute also provides that employers are not required to provide sick leave or a leave of absence to a person because of pregnancy if the employer does not also provide such benefits to other employees and is not otherwise required to provide leave…”
— Me. Rev. Stat. tit. 5, § 4572-A(4) — 1 case
Ouellette v. Francescas Collections Inc (D. Me. 2021). “5 M.R.S. § 4572-A(4). Thus, unless an employer offers some sort of family leave, medical leave, disability leave, or other leave of absence to its non-pregnant employees who are unable to work, it is under no obligation to provide maternity leave to pregnant employees.”
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