October 2024

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Montana prohibits discrimination based on vaccination status

06/03/21

Author: ADP Admin/Tuesday, June 1, 2021/Categories: Compliance Corner , State Compliance Update, Montana

Montana has enacted legislation (House Bill 702) that prevents employers from discriminating against a person based on their vaccination status or possessing an immunity passport. House Bill 702 is effective immediately.

Prohibited Actions:

House Bill 702 prohibits employers from refusing employment to an individual or discriminating against an employee in compensation or other terms, conditions, or privileges of employment based on their vaccination status or whether they have an immunity passport.

It is also an unlawful discriminatory practice to refuse or deny the following based on vaccination status:

  • Local or state services;
  • Goods;
  • Facilities;
  • Licensing;
  • Educational opportunities; and
  • Health care access.

Note: Exceptions exist for certain industries. See the text of the law for further details.

A person, governmental entity, or an employer does not unlawfully discriminate under this section if they recommend that an employee receive a vaccine.

"Immunity passport" means a document, digital record, or software application indicating that a person is immune to a disease, either through vaccination or infection and recovery.

"Vaccination status" means an indication of whether a person has received one or more doses of a vaccine.

Compliance Recommendations:

Montana employers should review their policies and practices to comply with House Bill 702. Please contact your dedicated service professional with any questions.

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Tags: 06/03/21

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