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.