Current through Register Vol. 6, March 22, 2024
(1)
Except as provided in
49-2-303,
49-2-308
and
49-3-201,
MCA, it is unlawful for an employer, agent of an employer, employment agency or
labor organization to discriminate against a person in the terms, conditions or
privileges of employment because of a person's membership in a protected
class.
(2) Terms, conditions or
privileges of employment which are subject to the act and code include:
(a) recruitment, advertising and job
application procedures;
(b) hiring,
promotion, upgrading, award of tenure, transfer, layoff, discipline, discharge,
termination of employment, right to return from layoff, and rehiring;
(c) rates of pay or compensation and changes
in compensation;
(d) job
assignments, job classifications, organizational structures, position
descriptions, lines of progression and seniority lists;
(e) leaves of absence, sick leave or any
other leave;
(f) fringe benefits
available through employment, whether or not administered by the
employer;
(g) selection and
financial support for training, including apprenticeships, professional
meetings, conferences or other related activities;
(h) social and recreational activities
sponsored by an employer, agent of an employer, employment agency or labor
organization; and
(i) any other
term, condition or privilege of employment.
(3) Examples of practices which may
constitute unlawful employment discrimination include the following:
(a) denying, qualifying, or limiting a term,
condition, or privilege of employment because of a person's membership in a
protected class or protected activity;
(b) subjecting a person to harassment in the
workplace because of the person's membership in a protected class or protected
activity;
(c) failing to make
reasonable accommodation as further explained in ARM
24.9.606 and
24.9.608;
(d) segregating or classifying a person in a
way that adversely affects employment status or opportunities because of
membership in a protected class;
(e) participating in a contract or other
arrangement (including an arrangement with an organization providing fringe
benefits or an organization providing training or apprenticeship programs) that
has the effect of discriminating against persons in the terms, conditions or
privileges of employment because of membership in a protected class;
(f) using standards, criteria or methods of
administering or managing employment opportunities which discriminate in the
terms, conditions or privileges of employment because of membership in a
protected class or which perpetuate the denial of equal employment
opportunities because of membership in a protected class;
(g) using or administering qualification
standards, employment tests or other selection criteria that screen out or tend
to screen out members of a protected class; and
(h) discriminating against a person in the
terms, conditions or privileges of employment because the person has a
relationship with or otherwise associates with a member of a protected
class.
49-2-204,
49-3-106,
MCA; IMP,
49-2-202,
49-2-303,
49-2-308,
and
49-3-201,
MCA;