• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • County Commissioners
  • Miles City Council Meetings
  • Resources
  • Contact
  • Sign Up

Custer County Politics

Information for the Citizens of Custer County Montana

Gov. Gianforte Reaffirms Montana Law Banning Discrimination Based on Vaccination Status

Posted: January 4, 2022

Governor’s Office
December 22, 2021

HELENA, Mont. – Governor Greg Gianforte today provided guidance to Montana employers and employees impacted by the Occupational Safety and Health Administration (OSHA) rule mandating vaccines for employers with 100 or more employees nationwide.

“Montana law is unequivocal: employers are prohibited from discriminating based on vaccination status,” Gov. Gianforte wrote in guidance to Montanans. “While employers may encourage employees to vaccinate, they may not tie or modify any terms of employment based on vaccination status.”

On November 5, 2021, OSHA published the “COVID-19 Vaccination and Testing Emergency Temporary Standard” applicable to employers with 100 or more employees nationwide. The OSHA mandate violates Montana law prohibiting discrimination based on a person’s vaccination status.

The OSHA mandate was immediately challenged, and its enforcement was stayed nationwide by the Fifth Circuit Court of Appeals until December 17, 2021, when the Sixth Circuit Court of Appeals issued a ruling allowing implementation of the OSHA mandate. The Sixth Circuit ruling has also been challenged and is presently pending before the U.S. Supreme Court.

In a letter accompanying his guidance to Montanans, the governor wrote, “The Sixth Circuit Court of Appeals ruling is clear that no employer is obligated under the OSHA mandate to include a vaccination requirement in its COVID-19 workplace plan.”

He continued, “Montana employers, in exercising their discretion under the OSHA mandate to determine the details of their COVID-19 workplace plans, must do so in a manner that complies with Montana’s non-discrimination policy as expressed in HB 702 and codified at Mont. Code Ann. 49-2-312, and may not include any provisions that discriminate based on a person’s vaccination status.”

The governor’s letter and guidance on the legality of the OSHA mandate may be viewed here.

Primary Sidebar

Quick Links

  • Contact
  • Sign Up For Notifications
  • Resources
  • Custer County News
  • County Commissioners Website
  • City of Miles City Website

Posts you may have missed…

  • Interlocal Agreement Town Hall Meeting next week
  • City Fiscal Issues – Read the reports here!
  • Get Ready To Vote!
  • Watch for your Absentee Ballot in the MAIL!
  • View YOUR Sample Ballot
Confirm your Montana Voter information now!

Receive NEWS & UPDATES in your INBOX!

Sign up to receive an email each time we post a new article.

Demanding Transparency & Accuracy

The purpose of this website is to provide Custer County citizens with crucial, timely information regarding our county government and beyond.

Search

Footer

Copyright© 2025 · Custer County Politics · Miles City, Montana · Privacy Policy · Terms of Use