Discrimination Based on Vaccination Status or Immunity Passport Prohibited

MT Vaccination Status Law

Health · Employees

Montana makes it an unlawful discriminatory practice for employers, businesses and government to deny services, jobs or access based on a person's vaccination status or whether they hold an 'immunity passport'. Health care facilities may ask employees to volunteer vaccination status only to plan accommodations.

Where: Montana
Citation: Mont. Code Ann. 49-2-312
Status: In force
Last amended: 2025-10-01
Enforced by: Montana Human Rights Bureau / Human Rights Commission (unlawful discriminatory practice under Title 49)
People can sue: Limited
Penalties: Remedies through the Montana Human Rights Act complaint process.
Applies to: Persons, governmental entities, employers and public accommodations (49-2-312(1)); school and day-care vaccination rules excepted (49-2-312(2)); health care facilities have a conditional accommodation pathway (49-2-312(3)(b))

Practices it requires

Do not deny goods, services, employment or public accommodation, or discriminate in employment terms, based on vaccination status or possession of an immunity passport.Mont. Code Ann. 49-2-312(1)
Health care facilities may ask employees to volunteer vaccination or immunity status only to decide on reasonable accommodation measures, and must implement such measures.Mont. Code Ann. 49-2-312(3)(b) · Only if: Health care facility as defined in 50-5-101

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Enacted by HB 702 (Ch. 418, L. 2021), which secondary sources say took effect on passage in May 2021; not verified, so effective_date is null. The 2025 amendment (HB 807, Ch. 728) has no effective-date section in the fetched text, so October 1, 2025 is inferred. Human Rights Act enforcement route not fetched.

Research reference, not legal advice.