Preemployment Screening and Testing: Maine

Federal law and guidance on this subject should be reviewed together with this section.

Author: Matthew Tarasevich, Bernstein Shur Sawyer & Nelson

Summary

• As part of a background check, employers can obtain felony and misdemeanor convictions as well as information about the job applicant from the Maine sex offender registry. See Background Checks.
• Certain employers must ensure that background checks of applicants are conducted as a condition of employment. See Mandatory Background Checks.
• Maine has a ban the box law that limits preemployment criminal background inquiries. See Ban the Box.
• Maine's Fair Credit Reporting Act is virtually identical to the federal Fair Credit Reporting Act. See Credit Checks.
• Maine law forbids the use of polygraph tests except for law enforcement employment. See Polygraph Tests.
• Employers may condition job offers on negative drug tests, but must ensure that the testing satisfies certain criteria. See Drug Testing.
• Medical examinations should occur after a conditional offer is extended, and all such information should be kept confidential and in a separate, secured personal file. See Medical Examinations.
• Maine prohibits employers from requiring job applicants to submit to an HIV test as a condition of employment unless based on a bona fide occupational qualification. See AIDS/HIV Testing.
• The Maine Human Rights Act (MHRA) prohibits discrimination based on protected class statuses. See Maine Human Rights Act.