24.9.1202    TERMINATION OF EMPLOYMENT DUE TO PREGNANCY PROHIBITED

Section 49-2-310 (1) , MCA provides that it is unlawful for an employer or his agent to terminate a woman's employment because of her pregnancy. For purposes of this provision, "terminations" shall include all involuntary dismissals, all resignations in which the employees' resignation was required by the employer or permitted as the sole alternative to dismissal and those situations in which the totality of the circumstances surrounding a resignation by an employee indicate that the resignation was compelled by the conduct or policy of the employer or agent. Coercive conduct by an employer or his agent toward an employee in order to secure her resignation, when the employee's pregnancy constitutes a substantial reason for the conduct, shall be considered a violation of this provision.

History: Sec. 2-15-1706 MCA; IMP, 49-2-310 and 49-2-311 MCA; NEW, 1984 MAR p. 1369, Eff. 9/14/84.