Discrimination - Other - Montana

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Montana unlawful discrimination law identifies the following protected classes for purposes of employment discrimination:

• Race,
• Creed,
• Religion,
• Color,
• National origin (ancestry),
• Age,
• Physical or mental disability,
• Marital status,
• Sex (includes pregnancy, maternity, sexual harassment, sexual orientation),
• Political ideas (only in the provision of governmental services or governmental employment),
• Retaliation (when directly related to the protected class or activity), and
• Vaccination status (in employment and government service).

The law applies to employers with one or more employees.

Use of a lawful product

The term “lawful product” means a product that is legally consumed, used, or enjoyed and includes food, beverages, and tobacco. Employers may not discriminate against an individual in any term or condition of employment because the person legally uses a lawful product off the employer’s premises during nonworking hours.

This provision does not apply to:

• use of a lawful product that affects an individual’s ability to perform job-related employment responsibilities or the safety of other employees; or conflicts with a bona fide occupational qualification that is reasonably related to the individual's employment;
• an individual who, on a personal basis, has a professional service contract with an employer and the unique nature of the services provided authorizes the employer, as part of the service contract, to limit the use of certain products; or
• an employer that is a nonprofit organization that, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public.

An employer may offer, impose, or have in effect a health, disability, or life insurance policy that makes distinctions between employees for the type or price of coverage based on the employees’ use of a product if:

• differential rates assessed against employees reflect actuarially justified differences in providing employee benefits;
• the employer provides an employee with written notice delineating the differential rates used by the employer's insurance carriers; and
• the distinctions in the type or price of coverage are not used to expand, limit, or curtail the rights or liabilities of a party in a civil cause of action.

Political beliefs or ideas

It is an unlawful discriminatory practice for the state or any of its political subdivisions to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of that person's political beliefs.

This prohibition does not apply to:

• policymaking positions on the immediate staff of an elected officer of the executive branch,
• the appointment by the governor of a director of a principal department, or
• the immediate staff of the majority and minority leadership of the Montana legislature.

Breastfeeding

All state and county governments, municipalities, and school districts and the university system must have a written policy supporting women who want to continue breastfeeding after returning from maternity leave. The policy must state that employers support and encourage the practice of breastfeeding, accommodate the breastfeeding-related needs of employees, and ensure that employees are provided with adequate facilities for breastfeeding or the expression of milk for their children. At a minimum, the policy must identify the means by which an employer will make available a space suitable for breastfeeding and breast pumping for a lactating employee, including the provision of basic necessities of privacy, lighting, and electricity for the pump apparatus. The space does not need to be fully enclosed or permanent, but must be readily available during the term that the employee needs the space.

It is an unlawful discriminatory practice for any public employer:

• to refuse to hire or employ or to bar or to discharge from employment an employee who expresses milk in the workplace; or
• to discriminate against an employee who expresses milk in the workplace in compensation or in terms, conditions, or privileges of employment, unless based upon a bona fide occupational qualification.

All state and county governments, municipalities, and school districts and the university system shall make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a toilet stall, where an employee can express the employee's breast milk.

All public employers are encouraged to establish policies to allow mothers who wish to continue to breastfeed after returning to work to have privacy in order to express milk and to provide facilities for milk storage.

All state and county governments, municipalities, and school districts and the university system shall provide reasonable unpaid break time each day to an employee who needs to express breast milk for the employee's child, if breaks are currently allowed. If breaks are not currently allowed, the public employer must consider each case and make accommodations as possible. The break time must, if possible, run concurrently with any break time already provided to the employee. A public employer is not required to provide break time if doing so would unduly disrupt the public employer’s operations.

State

Related information

Protected classes ezExplanation

Contact

Human Rights Bureau of the Department of Labor and Industry

Regulations

Montana Code Title 49, Chapter 2, Section 49-2-308, Discrimination by the state
http://leg.mt.gov/bills/mca/49/2/49-2-308.htm

49-2-303, MCA Human Rights; Illegal discrimination; Prohibited discriminatory practices; Discrimination in employment

49-2-101, MCA Human Rights; Illegal discrimination; General provisions; Definitions

49-2-310, MCA Human Rights; Illegal discrimination; Prohibited discriminatory practices; Maternity leave-Unlawful acts of employers

49-2-312, MCA Human Rights; Illegal discrimination; Prohibited discriminatory practices; Discrimination based on vaccination status

Montana Code, Title 39, Chapter 2,
§39-2-215. Public employer policy on support of women and breastfeeding -- unlawful discrimination
§39-2-216. Private place for nursing mothers
§39-2-217. Break time for nursing mothers
http://leg.mt.gov/bills/mca_toc/39_2_2.htm

§39-2-313. Discrimination prohibited for use of lawful product during nonworking hours -- exceptions
http://leg.mt.gov/bills/mca/39/2/39-2-313.htm

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.