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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