Job Discrimination Law Requirements in Montana (MT)

September 15th, 2006 Posted by Rachel

The right to be free from discrimination because of race, creed, religion, color, sex, physical or mental disability, age, or national origin is recognized as and declared to be a civil right. In Montana the Department of Labor and Industry is the state agency that enforces Montana’s discrimination laws. The Human Rights Bureau of the Department receives and investigates complaints of discrimination.

The right to obtain and hold employment without discrimination is protected under Montana (MT) job discrimination law in the workplace. Under this law it would be considered unlawful practice to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of race, creed, religion, color, or national origin or because of age, physical or mental disability, marital status, or sex when the reasonable demands of the position do not require an age, physical or mental disability, marital status, or sex distinction. The law specifically addresses pregnancy and states that an employer cannot terminate a woman’s employment because of her pregnancy, refuse to grant to the employee a reasonable leave of absence, deny any compensation to which she is entitled as a result of the accumulation of disability or leave benefits, or require that an employee take a mandatory maternity leave for an unreasonable length of time.

It is not considered a violation of Montana (MT) job discrimination law in the workplace and the prohibition of marital status discrimination to offer, or provide greater or additional contributions to a bona fide group insurance plan for employees with dependents than to those employees without dependents or with fewer dependents.

It is a good idea to familiarize yourself with at least the basics of Montana (MT) job discrimination law so that you are aware of your rights as an employee and your responsibilities as an employer.

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Montana (MT) Sexual Discrimination Law in the Workplace

August 25th, 2006 Posted by Hannah

If you want to find out more information about the Montana sexual discrimination law in the workplace, you’ll have to look at the Montana Human Rights Act. This act prohibits employers from discriminating against employees on the basis of sex.

Under the act, employers are defined as those who employ one or more people and agents of the employer. It excludes fraternal, charitable and religious associations that are non-profit. Employees who fall under jurisdiction of this act are those people who are employed by employers as defined in the Act.

Employers cannot discriminate against employees on the basis of sex when it comes to hiring, firing or determining job conditions, terms or compensation. They also cannot discriminate against women who are pregnant or who have pregnancy-related conditions. In such instances, employers must reinstate the employee into the same or comparable position when she returns from maternity leave.

Employees who want to file a complaint against their employers must do so within 180 days of the alleged discriminatory act by contact the Montana Human Rights Bureau. You’ll be able to speak with an investigator who will draft the formal complaint.

This complaint will then be sent to your employer along with a letter and your employer will be given an opportunity to respond to and possible settle the complaint.

If you are unable to reach a settlement, a compliance officer will take on your case and determine if there is reasonable cause to believe your rights have been violated. If so, you and your employer can enter a settlement process. The case will then to go a public hearing if the settlement negotiations fail.

While you cannot file a discrimination claim with the state courts in Montana, you can go to the federal court system. To do so, you’ll need to file with the EEOC and request a “Right to Sue” letter.

While this is a thorough description of the law, it’s by no means complete. That is why it is important for employers and employees need to stay informed on their rights and responsibilities when it comes to sexual discrimination in the workplace. An updated Montana Labor Law Poster can help you understand the laws.

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Montana Discrimination Notice Law

July 28th, 2006 Posted by Lindsay

Most employers in the United States are aware that there are laws against discrimination in the workplace. There are Federal laws against discrimination which employers have to abide by. It is important to note that states are also allowed to set their own laws, which may be even more strict than the Federal version of the law. So employers have to follow both Federal and state rulings on discrimination and other labor laws, all of which are changed often-sometimes more than once a year.

According to the Montana Human Rights Act, it is illegal for an employer to discriminate on the basis of race, religion, creed, marital status, color, sex, physical or mental handicap, age, or national origin. I am sure most people know that the Federal government allows only people age 40 or older to bring an age discrimination claim, but in Montana a person of any age may bring an age discrimination complaint against an employer.
 

In Montana as well as the rest of the United States, employers must post a notice about discrimination where employees can see it. The poster describes the types of discrimination that are illegal and explains what an employee can do to report it.

 

It is my understanding that in Montana, a discrimination claim can be filed either with the state administrative agency, the Human Rights Bureau, or HRB, which is an arm of the Montana Department of Labor and Industry or the federal administrative agency, the Equal Employment Opportunity Commission, or EEOC. The two agencies have a work-sharing agreement, which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary. If you file a claim with one agency, simply let them know that you want it to cross file the claim with the other agency.
 

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