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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
In Montana, an employer may not ask about arrests according to Administrative Rule 24.9.1406.
Montana has no laws or regulations specifically prohibiting conviction record inquiries.
State
Contacts
Employer immunity from disclosure claims
Montana Department of Labor and Industry
Arrest record inquiries
Conviction record inquiries
Regulations
Employer immunity from disclosure claims
Montana Code 39-2-801, Employee to be furnished on demand with reason for discharge
Montana Code 39-2-802, Protection of discharged employees
Arrest record inquiries
Montana Admin.R24.9.1406, Pre-employment inquiries
Conviction record inquiries
Montana Admin.R24.9.1406, Pre-employment inquiries
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.