Background checks - Montana

Summary of differences between federal and state regulations

Arrest and 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

Montana Human Rights Bureau

Conviction record inquiries

Montana Human Rights Bureau

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.