The COVID Project
The record
- Jurisdiction
- Montana
- Level
- State
- Authority
- Mont. Code Ann. 49-2-312, -313 (as enacted)
- Issued
- 2021-05-07 May 7, 2021
- Effective
- 2021-05-07
- End
- Held preempted/unconstitutional as applied to health care settings (Montana Medical Ass'n v. Knudsen, D. Mont. Dec. 9, 2022); reversed in part (9th Cir. 2024) (read as 2022-12-09)
- In force
- May 7, 2021 to Dec. 9, 2022
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesVaccination or testingOther
- Addressees
- employers including health care facilities; places of public accommodation; governmental entities
- Functions reached
- HR (hospitals barred from conditioning employment on vaccination)
- WF
- IC
- VS
- Collection
- Hospitals and Health Systems SEC-01
Operative words
Section 1. Discrimination based on vaccination status or possession of immunity passport prohibited -- definitions. (1) Except as provided in subsection (2), it is an unlawful discriminatory practice for:... (b) an employer to refuse employment to a person, to bar a person from employment, or to [discriminate] against a person based on the person's vaccination status or whether the person has an immunity passport.
Enforcement
Montana Human Rights Act remedies
Notes
The only State statute that barred private hospitals from staff vaccination mandates in Q3 2021 (a health-care-facility accommodation clause required reasonable accommodation measures instead).