Montana Racial Discrimination laws & HR compliance analysis

Montana Racial Discrimination: What you need to know

The Montana Human Rights Act prohibits discrimination in employment based on race or color (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 race or color.
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 race or color.
Offensive verbal or physical conduct may be discriminatory if it is based on an individual's race or color and if the conduct has the purpose or effect of creating a hostile, intimidating, or offensive work environment. An employer has an affirmative duty to maintain a working environment free of harassment based on color or race.
An employer may be held liable for the acts of its employees if supervisors know (or should have known) about the harassment and failed to take appropriate corrective action. An employer may also be liable for the harassment coming from nonemployees if the employer has some legal control over the nonemployees, fails to take immediate corrective action, or expects an employee to tolerate the harassment as part of his or her job.
The Montana Human ...

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Montana Racial Discrimination Resources

Type Title
Policies Nondiscrimination
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