The Montana Human Rights Bureau has updated the Discrimination is Against the Law posting. The posting, which lists all protected categories under the Montana Human Rights Act has been substantially redesigned.
On May 7, 2021, Governor Greg Gianforte recently signed into law House Bill 702. The new law adds vaccination status to the list of protected categories under the Montana Human Rights Act. Employers are barred from discriminating against an individual in compensation or in the terms, conditions, or privileges of employment based on vaccination status. The law does not prohibit an employer from asking about vaccination status or whether an individual has an immunity passport. The person being asked, however, can refuse to answer, and cannot be discriminated against for failing to respond. Immunity passport is defined as “a document, digital record, or software application, indicating that a person is immune to a disease, either through vaccination or infection and recovery.”
Employees who suspect that they have been subjected to discrimination should make a complaint with the Montana Human Rights Bureau. The complaint will be subject to informal investigation by the Montana Human Rights Bureau and reviewed by the Human Rights Commission. If the Montana Human Rights Bureau finds reasonable cause to believe discrimination occurred, or the Human Rights Commission remands a matter for hearing, the matter is heard by the Department of Labor and Industry’s Office of Administrative Hearing.
The Montana Human Rights Bureau highly recommends all Montana employers, employment agencies, and labor organizations to post the Discrimination is Against the Law posting in a conspicuous place. (MCA § 49-2-202) Employers with a Montana All-On-OneTM Labor Law Poster can update their Discrimination in Against the Law posting with the 2021 Montana Discrimination Peel ‘N PostTM sticker. Employers may also stay compliant by ordering the updated 2021 Montana All-On-One Labor Law Poster.