Employment News: New Procedure for Disability Complaints at the MHRC
By: Rudman Winchell Attorney Anne-Marie Storey
We wanted to alert you to a new procedure that will be followed by the Maine Human Rights Commission (MHRC) on complaints of disability discrimination. This new procedure is the result of some changes from the Equal Employment Opportunity Commission, which the MHRC is required to follow.
From now on, due to the EEOC’s concern that the nature of a complainant’s disability may be inadvertently disclosed, the complaint of discrimination that is initially mailed to an employer will not contain the nature of the alleged disability. The MHRC will redact information in the complaint pertaining to the actual nature of the disability, then send that redacted version to the employer. The MHRC will retain the original with the unredacted information. The employer will then have to take the additional step of asking the MHRC for an unredacted copy of the original complaint. Presumably, this will be necessary in all cases in order to fully respond to the request for information from the Commission.
This is a good reminder that information submitted by both parties to the MHRC is to remain confidential until the investigation has concluded. Please let us know if you have any questions.