['Discrimination']
['Pregnancy Discrimination']
06/11/2024
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Summary of differences between federal and state regulations
Employer defined
“Employer” means an employer of one or more persons or an agent of the employer but does not include a fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for private profit or to provide accommodations or services that are available on a non-membership basis.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Pregnancy Discrimination Act. The state Human Rights Bureau has also adopted the federal Guidelines on Discrimination Because of Sex.
Generally, complaints must be filed within 180 days of the date of the alleged discrimination under Montana law.
If a complaint has followed a written grievance procedure established by a collective bargaining agreement, contract, or written rule or policy to resolve the dispute, the complaint must be filed within 300 days of the alleged discrimination.
Recordkeeping
All employers, labor organizations, employment agencies, and government agencies must keep adequate records to show:
- The number of employees who are white (not of hispanic origin), black (not of hispanic origin), hispanic, Asian or Pacific Islander, American Indian or Alaskan Native in each job category;
- The number of males and females in each racial group and job category; and
- The age of each employee in each job category.
Records which fulfill the requirements of the U.S. Equal Employment Opportunity Commission recordkeeping requirements are sufficient to meet this requirement.
All personnel records made or kept by an employer, including, but not necessarily limited to, application forms and other records related to hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation and selection for training or apprenticeship, must be preserved for two years from the date the record is made or from the date of the personnel action involved, whichever occurs later.
If a discrimination complaint is filed, the respondent must preserve all personnel records relevant to the complaint until final disposition of the complaint. These include personnel records relating to the complainant and to all other employees holding positions similar to that held or sought by the complainant and application forms or test papers completed by an unsuccessful applicant and all other candidates for the same position.
Labor organizations must preserve membership or referral records, including applications for membership or referral for two years from the date the records are made. If a discrimination complaint is filed, a labor organization must preserve all records relevant to the complaint until final disposition of the complaint.
State
Contact
Human Rights Bureau of the Department of Labor and Industry
Regulations
Human Rights Act, Montana Code Title 49
http://leg.mt.gov/bills/mca_toc/49.htm
Administrative Rules, Title 24, Chapter 8
http://www.mtrules.org/gateway/ChapterHome.asp?chapter=24.8
Administrative Rules, Title 24, Chapter 9
http://www.mtrules.org/gateway/ChapterHome.asp?chapter=24.9
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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