Maine Employers Take Note: Protection Order Holders Are Now a Protected Class
Maine has added the receipt of a final protection order to the list of characteristics protected under the Maine Human Rights Act (MHRA). For employers, this has practical implications for how workplaces respond when an employee discloses that they have sought legal protection from an abusive or threatening family or household member.
The Legal Change
A final protection order, often referred to as a Protection from Abuse (“PFA”) order, is a court-issued order granted after a formal hearing. It is issued to individuals who have experienced abuse or credible threats from a family or household member.
Under the amendments to the MHRA, holding such an order is a protected status under Maine employment law. This means that an employee or job applicant cannot be treated adversely in the workplace simply because they have taken legal steps to protect themselves from domestic abuse. This new status sits alongside the MHRA's existing protected categories including race, sex, age, disability, sexual orientation, genetic information and whistleblower activity, and carries the same weight.
Because this protection operates within the MHRA's existing framework, the full scope of the Act's employment prohibitions applies to this new protected status. Therefore, an employer cannot, because an employee or applicant holds a final protection order:
- Decline to hire or terminate that individual;
- Make adverse decisions about pay, scheduling, promotion or other employment conditions;
- Ask questions on applications or during onboarding that probe for this status; or
- Punish or penalize an employee for asserting their rights under the Act
Balancing Safety and Employment Rights
When an employee discloses a protection order: They may need a schedule adjustment, or they may flag that the individual named in the order could show up at the workplace. Nothing in this law prevents employers from taking steps to address genuine safety concerns. If the subject of a protection order appears at the workplace, employers can and should respond.
While safety measures that protect the workplace are lawful, employment measures that penalize the protected employee are not. Reducing an employee's hours, moving them to a less desirable role or treating them as less dependable following a disclosure is prohibited.
There is also a protected leave component. Maine law already provides leave rights for victims of violence in certain circumstances, and Maine's Paid Family and Medical Leave program, which began paying benefits in 2026, includes domestic and sexual violence as a qualifying reason for leave. An employee navigating a protection order may simultaneously be entitled to time off under these provisions. Employers may need to coordinate an employee’s safety planning, leave entitlements and any needed workplace accommodation.
Steps to Take for Employers
- Employers should review their policies and procedures to account for this new protected status. For example, employers should consider updating their EEO policies. Handbook nondiscrimination statements, anti-retaliation policies and internal postings should all reflect the new protected category.
- Reviewing application materials to confirm that nothing, directly or indirectly, solicits information about protection orders or the circumstances that led to them.
- Training managers and HR to understand how to respond when a protection order is disclosed. The response should center on confidentiality, support and coordination, not concern about workplace disruption. HR should understand that safety planning, leave requests and accommodation needs may need to be coordinated.
- Auditing recent incidents to see how that situation was handled and whether improvements could be made.
Contact your lawyer if you have questions about how this development applies to your organization or for assistance reviewing your current policies and procedures.
