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Tips for responding calmly to Maine Human Rights Commission complaints

February 2020 employment law letter
Authors: 
Eamonn Hart, Brann & Isaacson

Thinking about employment discrimination claims, business owners might assume that if an individual were to file one, they would be served with a lawsuit. It might surprise small business owners checking their mail, then, to find a nondescript envelope from an entity known as the Maine Human Rights Commission (MHRC). And it might further surprise them to read a cover letter stating their organization is the subject of a human rights complaint.

While the MHRC correspondence can come as a shock, it isn't uncommon. And receiving the notice isn't a reason to panic. If you receive a complaint, however, there are important steps you should take right away to protect your business. What follows is a brief primer on the MHRC and the best practices for responding to complaints.

What is the MHRC?

The MHRC is a state agency created by the Maine Human Rights Act (MHRA). It's charged with enforcing the state's antidiscrimination laws. Among other things, the laws prohibit discrimination based on sex, race, and membership in other protected classes as well as whistleblower retaliation. The term “enforcement,” however, is a bit of a misnomer. With regard to individual MHRA complaints, the MHRC cannot award damages to an employee or order a business to take a particular action. And while the agency will occasionally file a lawsuit on an individual's behalf, that is the exception.

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