Brightmine HR & Compliance Center Employment Law Guide 2173

Summary

• Author(s): Kai McGintee, Bernstein Shur Sawyer & Nelson

  This section should be reviewed in conjunction with our in-depth federal coverage of this topic.

  Invasion of Privacy

  Maine law recognizes four types of invasion of privacy tort actions:

  • •Intrusion upon the plaintiff's physical and mental solitude or seclusion;
  • •Public disclosure of private facts;
  • •Publicity which places the plaintiff in a false light in the public eye;
  • •Appropriation for the defendant's benefit or advantage of the plaintiff's name or likeness.

  See Berthiaume's Estate v. Pratt, 365 A.2d 792 (Me. 1976).

  Substance Abuse Testing

  The Maine Substance Abuse Testing Law (MSAT) strictly regulates drug and alcohol testing in the workplace. 26 M.R.S.A. § 681 et seq. Employers are not required to conduct drug and alcohol testing, but those who do so must comply with the terms of the MSAT law. Employers should obtain assistance from counsel to craft a testing program and applicable written policy to ensure compliance with the law.

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