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Ex. SEC-01-081 Order Primary source read

House Bill 702 (2021)

An Act Prohibiting Discrimination Based on a Person's Vaccination Status or Possession of an Immunity Passport

Montana Legislature (Governor Greg Gianforte signed) · Montana (State)

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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
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).