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.