Montana Code 49-2-312. Discrimination based on vaccination status or possession of immunity passport prohibited — definitions
49-2-312. 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:
Terms Used In Montana Code 49-2-312
- Employee: means an individual employed by an employer. See Montana Code 49-2-101
- Employer: means an employer of one or more persons or an agent of the employer but does not include a fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for private profit or to provide accommodations or services that are available on a nonmembership basis. See Montana Code 49-2-101
- Person: means one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated employees' associations, employers, employment agencies, organizations, or labor organizations. See Montana Code 49-2-101
- Public accommodation: means a place that caters or offers its services, goods, or facilities to the general public subject only to the conditions and limitations established by law and applicable to all persons. See Montana Code 49-2-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)a person or a governmental entity to refuse, withhold from, or deny to a person any local or state services, goods, facilities, advantages, privileges, licensing, educational opportunities, health care access, or employment opportunities based on the person’s vaccination status or whether the person has an immunity passport;
(b)an employer to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment based on the person’s vaccination status or whether the person has an immunity passport; or
(c)a public accommodation to exclude, limit, segregate, refuse to serve, or otherwise discriminate against a person based on the person’s vaccination status or whether the person has an immunity passport.
(2)This section does not apply to vaccination requirements set forth for schools pursuant to Title 20, chapter 5, part 4, or day-care facilities pursuant to Title 52, chapter 2, part 7.
(3)(a) A person, governmental entity, or an employer does not unlawfully discriminate under this section if they recommend that an employee receive a vaccine.
(b)A health care facility, as defined in 50-5-101, does not unlawfully discriminate under this section if it complies with both of the following:
(i)asks an employee to volunteer the employee’s vaccination or immunization status for the purpose of determining whether the health care facility should implement reasonable accommodation measures to protect the safety and health of employees, patients, visitors, and other persons from communicable diseases. A health care facility may consider an employee to be nonvaccinated or nonimmune if the employee declines to provide the employee’s vaccination or immunization status to the health care facility for purposes of determining whether reasonable accommodation measures should be implemented.
(ii)implements reasonable accommodation measures for employees, patients, visitors, and other persons who are not vaccinated or not immune to protect the safety and health of employees, patients, visitors, and other persons from communicable diseases.
(4)An individual may not be required to receive any vaccine whose use is allowed under an emergency use authorization or any vaccine undergoing safety trials.
(5)As used in this section, the following definitions apply:
(a)”Immunity passport” means a document, digital record, or software application indicating that a person is immune to a disease, either through vaccination or infection and recovery.
(b)”Vaccination status” means an indication of whether a person has received one or more doses of a vaccine.