The state of Montana's Department of Labor & Industry recently released a redesigned Discrimination is Against the Law poster with updated language on sex discrimination protections under state law. Specifically, the latest version removes references to sexual orientation and gender identity and features a modernized design. Montana businesses should update their labor law postings to display the revised, redesigned notice.
What Changed on the Updated Poster?
The revised, modernized poster now states that discrimination based on sex "including pregnancy” is illegal under Montana law. Unlike prior versions of the notice, the latest update does not list sexual orientation and gender identity as separate protected characteristics.
In addition to the list of protected classes and characteristics, Montana's notice informs the state's workers, applicants, and and residents about prohibited discrimination in several areas, including employment, housing, public accommodations, education, services, and insurance. The poster also explains that employees are protected from retaliation for filing complaints, participating in investigations, or opposing discriminatory practices.
Federal Law Protections Based on Sex
Despite the wording changes on Montana's discrimination poster, employers in the state should not assume that actual discrimination protections for sexual orientation or gender identity have been eliminated. Federal laws, like Title VII of the Civil Rights Act of 1964, prohibit workplace discrimination based on sex with a broader interpretation than many states. As a result of a 2020 U.S. Supreme Court decision (Bostock v. Clayton County), discrimination based on sexual orientation and gender identity is generally considered sex discrimination under federal law. Because of this, employers should continue to enforce policies that prohibit discrimination and harassment based on sexual orientation and gender orientation. This is especially important for businesses with 15 or more employees, to whom Title VII explicitly applies.
Pregnancy Protections Remain a Priority
The updated poster specifically highlights pregnancy discrimination as a form of sex discrimination. In addition to Title VII and the Pregnant Workers Fairness Act (PWFA) at the federal level, Montana state law prohibits pregnancy discrimination in employment. Employers must also provide reasonable accommodations for pregnancy-related limitations when required. Examples of reasonable accommodations include modified schedules, extra restroom breaks, temporary job restructuring, seating accommodations, and pregnancy-related leave.
Employer Action Steps
Montana employers should replace outdated Discrimination posters with the redesigned notice. Labor law posters must be displayed in a visible location accessible to employees during the workday. Keeping posters current demonstrates compliance with state and federal laws and ensures employees understand their rights.
Labor Law Posters-Online offers updated labor law posters to help employers stay compliant with mandatory posting changes. Our revised 2026 Montana labor law poster now includes the redesigned Discrimination notice and all other required state and federal postings. Subscibers to our automatic annual poster updates service will receive the revised poster as part of their annual plan.