Montana Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Montana Pre-Employment Inquiries (Interviewing): What you need to know

Protected classes. The Montana Human Rights Act prohibits employers from making inquiries of prospective employees that state or imply any limitation or discrimination based on race, creed, religion, color, national origin, age, physical or mental disability, marital status, or sex (including maternity and pregnancy), unless based on a bona fide occupational qualification (BFOQ) (Mont. Code § 49-2-101 et seq.). The law applies to all employers in the state. More information is available at the Montana discrimination section.
Off-duty use of lawful products. State law prohibits an employer from discriminating against individuals for the use of lawful products off the employer's premises during nonworking hours (Mont. Code § 39-2-313(2)). A "lawful product" is defined as a product that is legally consumed, used, or enjoyed, and includes food, beverages, and tobacco. Effective January 1, 2022, marijuana is a “lawful product” under the law (Mont. Code § 39-2-313). There are several exceptions, including products that affect an individual’s ability to perform job-related duties, affect the safety of other employees, or conflict with a bona fide occupational qualification that is reasonably related to the individual’s employment.
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Human immunodeficiency virus (HIV) tests. Human immunodeficiency virus (HIV) tests. Under state law, a person may not disclose or be compelled to disclose the identity of a subject of an HIV diagnostic test or the results of a test in a manner that permits identification of the subject of the test (Mont. Code § 50-16-1009).
Drug tests. The Montana Workforce Drug and Alcohol Testing Act regulates drug and alcohol testing of job applicants and employees (Mont. Code ...

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