Employment Laws in Montana

Definition of employee. Employee means an individual employed by an employer.

Definition of employer. Employer means an employer of one or more persons or an agent of an employer, but does not include a nonprofit fraternal, charitable or religious association or corporation.

Prohibited employment discrimination. It is an unlawful discriminatory practice for employers to base their hiring or employment decisions on the race, creed, religion, color, national origin, age, physical or mental disability, marital status or sex of the employee or job applicant, unless the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction.

Use of lawful products. An employer may not base its hiring decision on whether an employee or job applicant uses lawful products off the employer's premises during nonworking hours. Lawful products include food, beverages and tobacco.

Electronic Monitoring. An employer does not commit the offense of violating privacy in communications by opening or reading, causing to be open or read, or further publishing an e-mail or other message that either originates at or is received by a computer or computer system that is owned, leased or operated by or for the employer.

Recordkeeping requirements. Employers must maintain records of the age, sex and race of their employees that are required to administer the civil rights laws and regulations.

Posting requirements. The state reserves the right to require posting of any notices prepared by the Montana Commission for Human Rights.