Recruiting: Montana

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

Authors: Jason Ritchie, Holland & Hart LLP.

Summary

• Montana's primary antidiscrimination law is the Montana Human Rights Act, which covers all employers regardless of size. Public agencies are also covered by additional administrative codes. See Antidiscrimination Laws.
• Public agencies are required by law to apply affirmative action to certain protected groups. See Affirmative Action.
• Montana employers have available to them a number of recruiting resources, including the State of Montana's Workforce Services Division. See Methods and Sources.
• Employers in Montana may not discriminate in the recruiting and hiring process against potential employees for lawful off-duty tobacco use. See Smokers' Rights.
• Independent contractors must be certified as such or carry workers' compensation insurance. Failure to obtain the exemption or carry workers' compensation insurance will result in the state considering the independent contractor as an employee. See Independent Contractors.
• Minors are prohibited from working in dangerous occupations and are restricted in the number of hours they can work. Minors 14 and 15 years of age also may not work in a number of specified occupations. See Underage Workers.
• Montana employers are prohibited from hiring aliens who are not lawfully authorized to work in the United States. See Immigration Verification.