(406) 248-6178 Rocky Mountain/Inland Northwest  

Vaccination Status & Immunization Status

Montana House Bill 702

Governor Greg Gianforte signed Montana House Bill 702 into law on May 7, 2021.  The bill became effective immediately upon signing.  This law prohibits discrimination based on a person’s vaccination status or possession of an immunity passport.  In essence, an individual’s vaccination status is a protected category.

Definitions:

Per the Act, below are items considered discriminatory:

Exemption to the Act:

Additional notes from the Act:

So, what does all this mean?  Employers can still recommend that employees get vaccinated.  Likely, not all employees will choose to vaccinate or are able to receive a vaccination due to medical or religious reasons.  Employers will want to stay flexible in the workplace and be ready to work with employees on a case-by-case basis.  Reasonable accommodations may need to be explored. 

It would be good practice to continue to follow guidelines that have been in place since March 2020.  Practices to continue may include, but are not limited to:

Members of Associated Employers may call the hotline at 406.248.6178 to visit through scenarios. Finally, if the employer has concerns about their workplace rights, seeking legal counsel for guidance is always an option.