Montana Selection and Testing: What you need to know

The Montana Human Rights Act prohibits discrimination in employment on the basis of race, creed, religion, color, national origin, age, physical or mental disability, marital status, or sex (including maternity and pregnancy). Unless a bona fide occupational qualification (BFOQ) applies, the Act specifically prohibits employers from using employment applications, statements, advertisements, or publications that express an unlawful discriminatory preference, limitation, or specification. The law applies to all employers (MT Code Sec. 49-2-101 et seq.).
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A separate provision of the Act prohibits discrimination because of an individual's political beliefs. The provision applies to all state employers (MT Code Sec. 49-2-308).
BFOQ exception. A BFOQ may be based on an applicant's sex, marital status, age, physical or mental disability, race, creed, religion, color, or national origin. These exceptions are strictly construed under state law, and employers should be cautious when relying on a BFOQ to make employment decisions that may have a discriminatory effect.
Generally, employers may utilize professionally developed aptitude tests and other selection procedures if such tests are not designed, intended, or used to discriminate against a protected individual or group of individuals. .
Montana's AIDS Prevention Act authorizes only healthcare providers to order a test to detect the presence of the human immunodeficiency virus (HIV) or related antibodies. Healthcare providers must obtain written and informed consent before testing. The confidentiality of test results must be protected (MT Code Sec. 50-16-1003 et seq.).

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