Labor & Employment (Employment Discrimination)

This bill, known as the Wage Opportunity and Transparency Act, prohibits employers in Montana from discriminating in pay based on sex or gender identity for substantially similar work, while also banning employers from asking applicants about their salary history. It allows wage differences only when justified by factors like seniority, merit, production measures, location, or education, and forbids retaliation against employees who discuss or disclose their wages. The law enables employees to file complaints with the state commissioner or pursue civil action in court, with potential remedies including back pay for up to three years. Employers must also avoid requiring employees to sign agreements that prevent them from sharing wage information.

This bill revises Montana state law to define "sex" strictly in biological terms based on chromosomes, reproductive systems, and physical characteristics present at birth, rather than gender identity or subjective experience. It directly affects numerous state statutes covering areas like employment discrimination, healthcare access, voting regulations, and public services by standardizing how sex is interpreted across the legal code. The key provision establishes that sex is limited to two biological categories - male and female - determined by genetic and physical indicators such as XX or XY chromosomes and reproductive anatomy. By amending over 50 existing sections of the Montana Code Annotated, the bill ensures consistent application of this definition in laws related to equal pay, anti-discrimination protections, hospital admissions, and other public policies.

This bill would prohibit state and local government agencies in Montana from funding, establishing, or supporting diversity, equity, and inclusion programs. It specifically bans spending public money on such initiatives, requires employees to participate in them, or creates offices dedicated to coordinating these programs. The legislation defines diversity, equity, and inclusion programs narrowly as those requiring employee participation in training or activities focused on power structures, privilege, or specific social theories related to race, gender, and identity. The bill includes exceptions for programs required by federal law, court orders, or certain constitutional educational goals, while allowing agencies to continue offering sexual harassment training and compliance offices.

HB 635 proposes to prohibit state and local government agencies from funding, establishing, or supporting Diversity, Equity, and Inclusion (DEI) programs. It would prevent these agencies from requiring employees to participate in DEI programs or spending public funds on related services or staff. The bill defines DEI programs as activities that focus on describing power structures, methods to dismantle them, or advancing theories like implicit bias or systemic oppression. However, it includes exceptions for complying with federal law, specific state human rights laws, court orders, and offering sexual harassment training. This legislation directly affects state and local government agencies and their employees in Montana.

SB 313, the proposed "Wage Opportunity and Transparency Act," would require Montana employers to list salary ranges in all job postings and prohibit wage discrimination based on sex (including gender identity). It bans employers from asking about applicants' prior salary history and prevents retaliation for discussing pay. The bill creates a process for employees to file complaints with the Commissioner and pursue civil lawsuits for unpaid wage differences, with remedies including back pay and liquidated damages. This bill died in the legislative process in May 2025 and never became law.