24.9.604 DISCRIMINATION PROHIBITED--EMPLOYMENT
(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.
History: 49-2-204, 49-3-106, MCA; IMP, 49-2-202, 49-2-303, 49-2-308, and 49-3-201, MCA; NEW, 1996 MAR p. 2871, Eff. 10/25/96.