§353. Discrimination
An employee may not be discriminated against by any employer in any way for testifying or asserting any claim under this Act. Any employee who is so discriminated against may file a petition alleging a violation of this section. The matter must be referred to an administrative law judge for a formal hearing under section 315, but any administrative law judge who has previously rendered any decision concerning the claim must be excluded. If the employee prevails at this hearing, the administrative law judge may award the employee reinstatement to the employee's previous job, payment of back wages, reestablishment of employee benefits and reasonable attorney's fees. [PL 2015, c. 297, §20 (AMD).]
This section applies only to an employer against whom the employee has testified or asserted a claim under this Act. Discrimination by an employer who is not the same employer against whom the employee has testified or asserted a claim under this Act is governed by Title 5, section 4572, subsection 1, paragraph A. [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2015, c. 297, §20 (AMD).
Structure Maine Revised Statutes
TITLE 39-A: WORKERS' COMPENSATION
Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992
39-A §352. Lump-sum settlements
39-A §354. Multiple injuries; apportionment of liability
39-A §355. Employment Rehabilitation Fund
39-A §355-A. Supplemental Benefits Fund
39-A §355-B. Supplemental Benefits Oversight Committee
39-A §355-C. Powers and duties of committee; reimbursement
39-A §356. Funding of Supplemental Benefits Fund
39-A §357. Information from insurance companies
39-A §358. Reports and data collection (REPEALED)
39-A §358-A. Reports and data collection
39-A §359. Audits; penalty; monitoring
39-A §361. Payment to the Workers' Compensation Board Administrative Fund; enforcement