Montana Code 49-3-103. Permitted distinctions
49-3-103. Permitted distinctions. (1) Nothing in this chapter prohibits any public employer:
Terms Used In Montana Code 49-3-103
- Age: means number of years since birth. See Montana Code 49-3-101
- Physical or mental disability: means :
(i)a physical or mental impairment that substantially limits one or more of a person's major life activities;
(ii)a record of such an impairment; or
(iii)a condition regarded as such an impairment. See Montana Code 49-3-101
(a)from enforcing a differentiation based on marital status, age, or physical or mental disability when based on a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or where the differentiation is based on reasonable factors other than age;
(b)from observing the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this chapter, except that an employee benefit plan may not excuse the failure to hire any individual;
(c)from discharging or otherwise disciplining an individual for good cause; or
(d)from providing greater or additional contributions to a bona fide group insurance plan for employees with dependents than to those employees without dependents or with fewer dependents.
(2)The application of an employment preference as provided for in 2-18-111, 10-2-402, 18-1-110, and Title 39, chapter 29 or 30, by a public employer as defined in 39-29-101 and 39-30-103 may not be construed to constitute a violation of this chapter.