The COVID Project
The record
- Jurisdiction
- Montana
- Level
- State
- Authority
- Mont. Code Ann. Title 49 (Human Rights), ch. 2, part 3
- Issued
- 2021-05-07 May 7, 2021
- Effective
- 2021-05-07
- End
- standing (amended 2025) (read as 2021-09-30)
- In force
- Standing since May 7, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesVaccination or testingStanding duty
- Addressees
- employers; persons generally; public accommodations; governmental entities
- Character
- statutory duty
- Collection
- Standing duties: Montana DUT-MT
Operative words
it is an unlawful discriminatory practice for: (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
Penalty
Unlawful discriminatory practice under the Montana Human Rights Act (Title 49, ch. 2) enforceable before the Human Rights Bureau and the courts
What it required
From May 7, 2021 the Legislature itself directed every Montana employer's and public accommodation's COVID-19 conduct: no condition of employment or service on vaccination status; a statutory command on the employer, addressed to the employer, in force throughout 2021 Q3 (Ex. MT-072; DPHHS's July 28, 2021 letter on its health-care exemption, Ex. MT-071).
Retrieval noteIncluded because it is the clearest instance of a Montana statute commanding employers' pandemic conduct in 2021 Q3; the litigation over it (Montana Medical Ass'n v. Knudsen, 119 F.4th 618 (9th Cir. 2024)) post-dates the claim quarters and is not relied on.