Montana Advertising laws & HR compliance analysis

Montana Advertising: What you need to know

Montana law prohibits all employers from printing or circulating (or causing to be printed or circulated) any notice or advertisement relating to employment that directly or indirectly indicates any preference, limitation, specification, or discrimination based on age, race, creed, color, religion, marital status, sex, national origin, or physical or mental disability unless such discrimination is based on a bona fide occupational qualification (MT Code Sec. 49-2-303(1)(c)).
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Employers may not induce, influence, persuade, or engage employees to change jobs within the state through false or misleading advertisements regarding the character of a job, sanitary conditions, or any other conditions of employment. They must also state in an advertisement that a strike, lockout, or other labor trouble exists if, in fact, it does. A person falsely induced to work for an employer because of misrepresentation may sue for damages and reasonable attorneys' fees in civil court (MT Code Sec. 39-2-303).
Vacancy announcements for job openings at state agencies contain information such as title, pay grade or band, salary, location, full-time or part-time, permanent or temporary, descriptions of duties and qualifications, educational requirements, and position closing dates. Vacancy announcements may also contain additional requirements such as supplemental questions, proficiency tests, and transcripts.
Vacancy announcements are advertised on the State of Montana Employment Information website at http://mt.gov/statejobs/default.mcpx.

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