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.

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.