The main civil rights act dealing with employment discrimination is Title VII of the Civil Rights Act of 1964. It prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. It was amended in 1972 by the Equal Employment Opportunity Act. This Act created the Equal Employment Opportunity Commission which is commonly referred to as the EEOC. If you are the victim of employment discrimination, you can file a charge with the EEOC if you employer or prospective employer has 15 or more employees. The EEOC will then investigate the charge and can file suit on behalf of the employee if it believes that the charge has merit.
Montana Complaint for Racial Discrimination in Employment, Constructive Discharge and for Damages for Discrimination in Promotion by Employer - Equal Employment
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On a state level, Montana enacted the Montana Human Rights Act which prohibits discrimination in employment based on race, creed, religion, color, national origin, age, physical or mental disability, marital status, or sex (including maternity and pregnancy)
The Age Discrimination in Employment Act (ADEA), a federal law, forbids employment discrimination based on age for those over the age of 40. In addition, Montana law protects older individuals from wrongful discrimination based upon their age.
Job Assignments & Promotions An employer may not base assignment and promotion decisions on stereotypes and assumptions about a person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
It can be challenging to predict what your discrimination case may be worth. A majority of these cases get settled out of court, but some do go to trial. ing to the Equal Employment Opportunity Commission (EEOC), the average settlement for employment discrimination claims is about $40,000.
The Montana Human Rights Act makes it illegal for an employer to discriminate on the basis of race, creed, religion, marital status, color, sex, physical or mental handicap, age, political belief, retaliation or national origin.
The Wrongful Discharge From Employment Act limits damages to persons who were wrongfully discharged to a maximum of four years lost wages and benefits plus interest. This amount can be offset by any interim earnings, including amounts the claimant could have earned with reasonable diligence.
A complaint must be filed with the Human Rights Bureau within 180 days after the alleged unlawful discriminatory act occurred or was discovered. This time may be extended if the charging party has been taking part in an internal grievance procedure or if the party is asserting a violation of the housing provisions.
Ing to Section 2302(b) of Title 5 of the United States Code, any employee who has authority to take, direct others to take, recommend or approve personnel actions may not: Discriminate on the basis of race, color, religion, sex, national origin, age, disability, marital status, or political affiliation.