Gov. Gianforte Reaffirms Montana Law Banning Discrimination Based On Vaccination Status
Category: Employment Discrimination
More Info: Employment Litigation
Governor Greg Gianforte has provided guidance to Montana employers and employees impacted by the Occupational Safety and Health Administration (OSHA) rule mandating vaccines for employers with 100 or more employees nationwide.
“Montana law is unequivocal: employers are prohibited from discriminating based on vaccination status,” Gov. Gianforte wrote in guidance to Montanans. “While employers may encourage employees to vaccinate, they may not tie or modify any terms of employment based on vaccination status.”
On Nov. 5, 2021, OSHA published the “COVID-19 Vaccination and Testing Emergency Temporary Standard” applicable to employers with 100 or more employees nationwide. The OSHA mandate violates Montana law prohibiting discrimination based on a person’s vaccination status.
The OSHA mandate was immediately challenged, and its enforcement was stayed nationwide by the Fifth Circuit Court of Appeals until Dec.17, 2021, when the Sixth Circuit Court of Appeals issued a ruling allowing implementation of the OSHA mandate. The Sixth Circuit ruling has also been challenged and is presently pending before the U.S. Supreme Court.
In a letter accompanying his guidance to Montanans, the governor wrote, “The Sixth Circuit Court of Appeals ruling is clear that no employer is obligated under the OSHA mandate to include a vaccination requirement in its COVID-19 workplace plan.”
He continued, “Montana employers, in exercising their discretion under the OSHA mandate to determine the details of their COVID-19 workplace plans, must do so in a manner that complies with Montana’s non-discrimination policy as expressed in HB 702 and codified at Mont. Code Ann. 49-2-312, and may not include any provisions that discriminate based on a person’s vaccination status.”
The governor’s letter and guidance on the legality of the OSHA mandate may be viewed here.
More employment discrimination-related information you may be interested in:
- Sexual Harassment Law Finds Its Way Into Oklahoma Indian Country
- Exec who launched stars like Katy Perry and Kid Rock is now helping free the innocent
- Young Workers Face Reverse Ageism In The Workplace
- Working From Home And Worker Bargaining Power
- How ageism is embezzling billions from the US economy
- Making your workplace inclusive for trans employees doesn’t have to be complicated
- This Expert Helps HIV-Positive Folks Fight Workplace Discrimination
- Employment discrimination laws and their complexities
- Workplace Discrimination After a Miscarriage
- Understanding the Correct LGBTQ Terminology Is Critical to Workplace DEI Efforts
- Is Asking a Co-Worker on a Date Sexual Harassment?
- Gov. Gianforte Reaffirms Montana Law Banning Discrimination Based On Vaccination Status
- Signs That Age Equity Is Gaining Workplace Relevance (At Last)
- Equal pay appeal by US women soccer players set for March 7
- New York Enacts Job Posting Bill
- Ten illegal interview questions and how to respond to them
- Walmart Must Face Suit Claiming Failure to Accommodate Schedule
- Can Vaccination Status Lead to Discrimination?
- Workplace discrimination and retaliation plague Wyoming National Guard
- Officism; a New Type of Workplace Discrimination
- Older Workers Sue Eli Lilly for Age Discrimination
- EEOC Issues Guidance on Sexual Orientation and Gender Identity Discrimination
- How to Get Sued for Age Discrimination
- Amazon Hit With 5 More Discrimination Lawsuits
- 5 things to know about USA TODAY’s investigation of discrimination within EEOC
- Workplace Discrimination Lawsuits Are Skyrocketing in Colorado
- Are Partners “Employees” Or “Employers” In Discrimination Lawsuits?
- Is It Okay to Say “OK, Boomer” at Work?
- Colorado Releases Guidance on Equal Pay Transparency Rules
- Workplace discrimination is illegal, yet it persists. Here’s why
See the original article here: https://www.roundupweb.com/story/2021/12/29/news/gov-gianforte-reaffirms-montana-law-banning-discrimination-based-on-vaccination-status/16427.html
About TriMark Legal Funding
TriMark Legal Funding was founded in 2003 and is one of America's top rated lawsuit funding companies. TriMark provides pre settlement funding and post settlement funding, sometimes called 'lawsuit loans', to injured plaintiffs throughout the United States. We offer funding on hundreds of different types of legal claims including personal injury loans, employment litigation funding, work injury accident loans, workers compensation loans, mass tort litigation funding, and multidistrict litigation funding.
You can visit our Sell My Structured Settlement page and we also provide immediate inheritance advance funding for heirs and beneficiaries, as well as attorney funding and law firm financing for legal practices.
Resource | Resource | Resource | Resource | Resource
|Personal Injury Lawsuits||Legal Funding Options|
Click here to see the original article.