Montana National Origin Discrimination: What you need to know

The Montana Human Rights Act prohibits discrimination in employment on the basis of national origin, including ancestry (MT Code Sec. 49-2-101 et seq.). The law applies to all employers in the state regardless of size. Under the state law, it is unlawful to:
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• Refuse to hire, discharge, or otherwise discriminate with respect to an individual's compensation or terms of employment
• Retaliate against an individual who exercises his or her rights under the law or an individual assisting in the investigation or enforcement of the state law
• Publish an advertisement for employment specifying a limitation or discrimination as to national origin, unless based on a bona fide occupational qualification
Bona fide occupational qualification (BFOQ) exception. It is permissible to hire an individual on the basis of national origin based on a BFOQ reasonably necessary to the normal operation of the particular business (e.g., hiring actors to portray individuals of a certain national origin). The BFOQ exception is strictly construed, however, and employers should be very cautious in relying on such a rationale when making employment decisions that may have a disproportionate impact on persons of a particular group.
Citizenship requirements that are made a condition of employment discriminate on the basis of national origin in violation of the state law. Soliciting information that is not relevant to a person's ability to do a job--such as an applicant's country of origin--is discriminatory and unlawful. The rules of the Montana Human Rights Commission provide for an exception when the inquiry is required for the implementation of a bona fide affirmative action plan, or is court ordered for ...

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Montana National Origin Discrimination Resources

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