PFA discrimination: Don’t overlook this protected class

In a recent decision, the U.S. District Court for the District of Maine addressed an uncommon claim under the Maine Human Rights Act (MHRA). The case involved alleged discrimination against an employee for obtaining a protection from abuse (PFA) order against a coworker. While the judge dismissed the employee’s sex discrimination and hostile work environment claims, it allowed her PFA discrimination claims to proceed to trial. 

For Maine employers, this decision highlights an overlooked protected class and serves as an important reminder that workplace disputes arising from domestic violence or protective orders require careful, well-documented responses that focus on employee safety, neutrality, and consistent enforcement of workplace policies. 

Background 

The MHRA prohibits employers from discharging or otherwise discriminating against an employee because the employee “sought and received an order of protection” (5 M.R.S. § 4572(1)(A)). In Poland v. United Parcel Services, Inc., the judge noted that there’s little Maine case law interpreting this statutory provision, making the decision precedent-setting.