Montana Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Montana and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Montana has no ban-the-box law in effect. Employers may request information about criminal history at any point during the hiring process.

Does Montana Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, there are fair hiring laws in place in Montana that differ from federal regulations.

Do Montana Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

State law in Montana mirrors the federal Equal Pay Act, restricting employers from paying employees doing equal work different wages based on sex. The state law also covers all forms of compensation, including benefits, wages, paid time off, salaries, bonuses, and overtime pay.

Do Montana Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Montana has a law in place that restricts against age-based discrimination in hiring. It affords broader protections than the federal law, covering individuals of all ages rather than just 40 years and older.

Do Montana Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Both the Montana Human Rights Act and the ADA protect employees from discrimination in hiring based on disability status. The state law is generally the same as the federal law.

Do Montana Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

The Genetic Information Privacy Act (GIPA) complements the federal GINA, offering additional protections for genetic data of residents in the state. Under the state law, individuals must expressly consent to the disclosure or use of genetic data. Companies are also required to maintain comprehensive security to protect such data.

Do Montana Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The Montana Human Rights Act prohibits discrimination in hiring, although it includes additional protected classes. Alongside those included in the federal law (race, color, religion, sex, national origin), the state law includes marital status, political beliefs, and retaliation. The Montana Department of Labor & Industry, Human Rights Bureau enforces the law.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Montana?

No. The state-level laws apply to employers located throughout Montana.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.