Southwest Montana News

Governor Greg Gianforte has reiterated Montana's stance against vaccination mandates by employers, citing state law as a defense. In a recent statement, he addressed the ongoing debate over COVID-19 vaccination requirements, emphasizing that "Montana law remains the law of the land," and urged employers not to use President Biden’s Occupational Safety and Health Administration (OSHA) rule as justification for imposing such mandates. This rule was recently halted by a federal court.

House Bill 702, part of Montana’s Human Rights Act, prohibits discrimination based on vaccination status. It prevents employers from refusing employment or discriminating against individuals regarding their employment conditions based on whether they are vaccinated or possess an immunity passport.

A significant development occurred on November 6, 2021, when a federal appellate court temporarily stayed OSHA's Emergency Temporary Standard (ETS). This standard required employees of certain employers to either get vaccinated against COVID-19 or undergo weekly testing and wear masks. The court reaffirmed this decision on November 12, instructing that “OSHA take no steps to implement or enforce the Mandate until further court order.”

The circuit court judges justified their decision by stating that maintaining the stay is in the public interest due to "economic uncertainty" and "workplace strife." They highlighted that preserving constitutional structures and individual liberty in making personal decisions is crucial, even if these decisions challenge government directives.

For more information about House Bill 702 and how to file complaints related to vaccination status discrimination, resources are available on the Department of Labor & Industry’s website.