
In April 2021, Montana's Legislature passed a bill that prohibits employers from requiring vaccines as a condition of employment. The bill, which was signed into law by Governor Greg Gianforte in May, deems requiring vaccines as a condition for employment as 'discrimination' and a violation of the state's human rights laws. This makes Montana the only state in the US with a law like this for private employers. The bill has raised concerns among employers across the state as Montana struggles with a rise in COVID-19 cases, which is straining the state's healthcare system.
| Characteristics | Values |
|---|---|
| State | Montana |
| Law | Passed |
| Vaccination as a condition of employment | Banned |
| Vaccination status | Cannot be used to discriminate |
| Vaccination status | Cannot be used to deny employment |
| Vaccination status | Cannot be used to deny privileges |
| Vaccination status | Cannot be used to deny goods and services |
| Vaccines under Emergency Use Authorization | Cannot be required by employers |
| Discrimination | Based on vaccination status or immunity passport |
| Discrimination | Based on vaccination status or immunity passport is prohibited |
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What You'll Learn
- Montana's Legislature passed a bill banning employers from requiring vaccines as a condition of employment
- The bill makes it unlawful to deny employment or discriminate based on vaccination status
- The bill was supported by employees of Benefis Health System who were told COVID-19 vaccines were necessary to keep their jobs
- Critics say the bill unravels more than 50 years of medical science
- Montana is the only US state with a law like this for private employers

Montana's Legislature passed a bill banning employers from requiring vaccines as a condition of employment
In April 2021, Montana's Legislature passed a bill banning employers from requiring vaccines as a condition of employment. The bill deemed requiring vaccines for employment as "discrimination" and a violation of the state's human rights laws. It was passed by the Republican-controlled Montana Legislature and signed into law by Governor Greg Gianforte in May 2021.
Montana is the only state in the US with such a law for private employers. The law prohibits employers from denying services, goods, privileges, licensing, educational opportunities, or employment opportunities based on an individual's vaccination status or possession of an immunity passport. It also allows employers to strongly recommend vaccines and take reasonable safety precautions.
The bill faced criticism from public health experts and physicians, who viewed it as a setback for public health and an obstacle in the fight against COVID-19. They called for the reversal of the law, especially in light of rising COVID-19 cases in Montana, which strained the state's healthcare system.
Supporters of the bill, including employees of Benefis Health System in Great Falls, argued that it prevented employers from coercing employees to get vaccinated under the threat of termination. Governor Gianforte defended the law, stating that while he encouraged Montanans to get vaccinated, it should remain voluntary, and individuals should not face discrimination based on their vaccination status.
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The bill makes it unlawful to deny employment or discriminate based on vaccination status
In April 2021, Montana's Legislature passed a bill that prohibits employers from requiring any vaccines as a condition of employment. The bill makes it unlawful for an employer to deny employment or discriminate based on an individual's vaccination status or whether they have an immunity passport. This means that employers cannot refuse to hire someone or discriminate against them in terms of compensation or privileges of employment based on their vaccination status.
The bill was signed into law by Governor Greg Gianforte in May 2021. Montana is the only state in the US with such a law for private employers. The law has raised concerns among employers and physicians in the state, especially as Montana struggles with a rise in COVID-19 cases, which is straining the healthcare system.
Supporters of the bill included employees of the Benefis Health System in Great Falls, who were told that COVID-19 vaccines would be necessary to keep their jobs. Benefis was forced to reverse this decision when the law was passed. Critics of the bill argue that it goes against public health and could put both workers and patients at risk.
The bill does allow employers to strongly recommend vaccines and to take reasonable safety precautions. It is important to note that the bill does not prevent healthcare facilities from requiring unvaccinated workers and those who refuse to disclose their vaccination status to wear masks and take other precautions to protect the safety and health of employees, patients, and others.
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The bill was supported by employees of Benefis Health System who were told COVID-19 vaccines were necessary to keep their jobs
In 2021, Montana's Legislature passed a bill that would prohibit employers from requiring any vaccines as a condition of employment. This bill was supported by employees of Benefis Health System, who were told that COVID-19 vaccines were necessary to keep their jobs. The bill's passage sparked concerns among healthcare organizations about its potential impact on their ability to require vaccinations for employees.
The bill makes it unlawful for an employer to refuse employment or discriminate against an individual in terms, conditions, or privileges of employment based on their vaccination status or whether they possess an immunity passport. This includes considerations such as compensation and other employment opportunities. While the bill allows employers to strongly recommend vaccines, it restricts them from making vaccines a mandatory requirement for employment.
The supporters of the bill argued that some families struggled to obtain exemptions on religious or medical grounds and sought broader flexibility in opting out of requisite vaccinations. They viewed the previous requirements as a form of discrimination based on vaccine status. Additionally, the bill's proponents asserted that there was a lack of transparency regarding the COVID-19 vaccines, including their effectiveness, and compared the mandate to medical experimentation.
However, critics of the bill stated that it "unravels more than 50 years of medical science." They argued that it hinders public health authorities' ability to track vaccination rates and leaves communities vulnerable to vaccine-preventable diseases, such as measles. The critics also highlighted the highly contagious nature of measles and the potential for outbreaks at the hyper-local level, which could have been mitigated with comprehensive immunization data.
The bill's impact specifically on Benefis Health System employees who faced the ultimatum of getting vaccinated or losing their jobs is not clear from the sources provided. However, the bill's passage sent a strong message against mandatory vaccination as a condition of employment and empowered individuals to make their own healthcare decisions without governmental interference.
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Critics say the bill unravels more than 50 years of medical science
In April 2021, Montana's Legislature passed a bill that would prohibit employers from requiring any vaccines as a condition of employment. The bill, which was sponsored by Republican Rep. Jennifer Carlson of Manhattan, allows employers to strongly recommend vaccines but prevents them from making it a requirement. It also states that employers cannot discriminate against employees based on their vaccination status.
Critics of the bill, including health organizations and Rich Rasmussen, president and CEO of the Montana Hospital Association, argue that it "unravels more than 50 years of medical science and expert guidance in protecting patients and health care workers from infectious diseases." They believe that the bill ignores scientific and medical advice regarding vaccine requirements, potentially putting patients and healthcare workers at risk.
The bill specifically targets COVID-19 vaccine requirements, as employers would not be allowed to require employees to receive vaccines distributed under Emergency Use Authorization, which includes COVID-19 vaccines. This measure could block a Great Falls health system from requiring its employees to be vaccinated against COVID-19.
Supporters of the bill, including some employees of Benefis Health System in Great Falls, argue that it protects personal, medical, and religious freedoms. They claim that some employers were requiring or coercing employees to get vaccinated under the threat of termination, which they see as a violation of individual rights.
The bill passed the Montana House of Representatives and was sent to Republican Gov. Greg Gianforte for his signature. It remains controversial, with critics concerned about its potential impact on public health and supporters advocating for individual liberties.
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Montana is the only US state with a law like this for private employers
In April 2021, Montana's Legislature passed a bill that prohibits employers from requiring any vaccines as a condition of employment. This bill was signed into law by Governor Greg Gianforte in May 2021. The law deems requiring vaccines for employment as "discrimination" and a violation of the state's human rights laws.
The law also allows health care facilities to require unvaccinated workers or those who refuse to disclose their vaccination status to wear masks and take other precautions. Governor Gianforte has defended the law, stating that while he encourages Montanans to receive vaccines, doing so is voluntary and individuals should not face discrimination based on their vaccination status.
The bill also addresses immunity passports, stating that it is unlawful for a person or governmental entity to deny services, goods, privileges, licensing, educational opportunities, or employment opportunities based on a person's vaccination status or whether they have an immunity passport. This section does not apply to vaccination requirements for schools or daycare facilities.
While Montana is the only state with a law explicitly banning vaccine requirements for private employers, other states may have similar legislation or interpretations of existing laws that could impact vaccine mandates for employees.
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Frequently asked questions
Yes, Montana passed a law that bans companies from requiring vaccines as a condition of employment.
The law was passed by the Montana Legislature in 2021 and took effect on July 1, 2021.
The law prohibits employers from requiring any vaccines as a condition of employment. It makes it unlawful for an employer to deny employment or discriminate against an individual based on their vaccination status. The law also allows health care facilities to require unvaccinated workers or those who refuse to disclose their vaccination status to wear masks and take other precautions.
The law has raised concerns among employers as Montana struggles with a rise in COVID-19 cases, which is straining the state's healthcare system. Physicians and public health experts in the state have called for the reversal of the law.









































