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 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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