The Montana Human Rights Act prohibits discrimination in employment based on 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:
• 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. Although state law allows an employer to make a distinction based on age, disability, marital status, or sex when the reasonable demands of the position require the distinction (i.e., a BFOQ applies), there is no BFOQ exception for national origin.