Fair Pay: Montana

Fair Pay requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Brightmine Editorial Team

Summary

    • The Montana equal pay law and the Montana Human Rights Act prohibit pay discrimination on the basis of a number of protected characteristics. See Equal Pay Laws.
    • Montana does not have a law that requires private employers to submit data regarding the compensation and demographics of their workforce to a state government agency. See Pay Data Reporting.
    • Montana does not have a pay transparency law that requires employees to disclose pay ranges to applicants and employees. See Pay Transparency.
    • Montana does not restrict an employer from inquiring into or relying upon an applicant's salary history. See Salary History Inquiries.
    • Montana law does not specifically address the right of an employee to discuss or disclose their own wages. See Employee Wage Disclosure Rights.

Equal Pay Laws

The Montana equal pay law (Equal Pay for Women for Equivalent Service) prohibits covered employers from paying women less than men for equivalent service or for the same amount or class of work or labor in the same industry, school, establishment, office or other place of employment. +Mont. Code Ann. § 39-3-104.

The Montana Human Rights Act (MHRA) prohibits discrimination, including in compensation, on the basis of a number of additional protected characteristics.

Applicability

The equal pay law applies to any employer that employs women. +Mont. Code Ann. § 39-3-104.

The MHRA applies to any employer with at least one employee, with certain exceptions. Fraternal, charitable or religious entities are generally excluded from the MHRA as long as they do not exist to make a profit or provide accommodations or services available on a non-membership basis. The MHRA also does not apply to employers near an Indian reservation with respect to any publicly announced employment practice that is required by a contract or other agreement and under which preferential treatment may be given based on status as an Indian living on or near a reservation. +Mont. Code Ann. § 49-2-101.

Protected Characteristics

The equal pay law prohibits sex-based pay discrimination against women. +Mont. Code Ann. § 39-3-104.

The MHRA prohibits pay discrimination on the basis of:

  • Race;
  • Age;
  • Sex;
  • Creed;
  • Religion;
  • Color;
  • Physical or mental disability;
  • Marital status;
  • National origin; and
  • Vaccination status or possession of an immunity passport.

+Mont. Code Ann. § 49-2-303; +Mont. Code Ann. § 49-2-312.

Permissible Sources of Pay Differentials

The Montana equal pay law does not specify conditions under which a pay differential may be justified.

The MHRA contains a provision that distinctions based on age, physical or mental disability, marital status and sex may be justified based on the reasonable demands of the position, but the law provides that reasonable will be strictly construed. +Mont. Code Ann. § 49-2-402.

Recordkeeping

The equal pay law does not specifically address recordkeeping.

See Discrimination: Montana for information about recordkeeping requirements under the MHRA.

See Recordkeeping for Employee Compensation Purposes: Montana for information about recordkeeping requirements under Montana wage and hour law.

Enforcement and Remedies

The Montana Department of Labor and Industries enforces the equal pay law. A violation of the equal pay law is a misdemeanor carrying a fine of $25 to $500 per offense. +Mont. Code Ann. § 39-3-104(2).

See Discrimination: Montana for information about enforcement and remedies under the MHRA.

Retaliation Protections

The equal pay law does not specifically address retaliation.

See Retaliation: Montana for information about retaliation protections under the MHRA.

Notice and Posting Requirements

The equal pay law does not include notice or posting requirements.

See Discrimination: Montana for information about notice and posting requirements under the MHRA.

Pay Data Reporting

Montana does not currently have a law that requires private employers to submit data regarding the compensation and demographics of their workforce to a state government agency.

Pay Transparency

Montana does not currently have a pay transparency law that requires employers to disclose the pay range for a position to applicants or employees.

Salary History Inquiries

Montana does not restrict an employer from inquiring into or relying upon an applicant's salary history.

Employee Wage Disclosure Rights

Montana law does not specifically address the right of an employee to discuss or disclose their own wages. See Fair Pay: Federal for information about federal law regarding employee discussion of wages.

Future Developments

There are no developments to report at this time. Continue to check HR & Compliance Center regularly for the latest information on this and other topics.