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Employment Laws in Montana

Filed under Hiring Workers. Fact checked on May 25, 2012.

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Employers in Montana must conform to these state rules relating to the employment relationship.

Employee means an individual employed by an employer.

Employer means an employer of one or more persons or an agent of an employer, but does not include a nonprofit fraternal, charitable or religious association or corporation.

Prohibited Employment Discrimination

Unless the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction, it is an unlawful discriminatory practice for employers to base their hiring or employment decisions on:

  • race
  • creed
  • religion
  • color
  • national origin
  • age
  • physical or mental disability
  • marital status
  • sex

Use of lawful products. An employer may not base its hiring decision or discriminate with respect to terms, conditions or privileges of employment on whether an employee or job applicant uses lawful products off the employer's premises during nonworking hours. Lawful products include food, beverages and tobacco.

Electronic Monitoring. An employer does not commit the offense of violating privacy in communications by opening or reading, causing to be open or read, or further publishing an e-mail or other message that either originates at or is received by a computer or computer system that is owned, leased or operated by or for the employer.

Advertisements and job applications. Effective April 18, 2011, employers are prohibited from printing or circulating statements or advertisements or using employment applications that express limits or discrimination based on disability or sex.

Exceptions to the prohibition exist, including if the limits are based on a bona fide occupational qualification or have a legally demonstrable purpose of correcting a previous discriminatory practice.

Recordkeeping Requirements

Employers must maintain records of the age, sex and race of their employees that are required to administer the civil rights laws and regulations.

Posting Requirements

The state reserves the right to require posting of any notices prepared by the Montana Commission for Human Rights.

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