BOP NEWSLETTER • October 2023

Montana Adds Free Speech as Basis for Wrongful Discharge

Effective October 1, 2023, a discharge that is solely based on the employee’s legal expression of free speech, including but not limited to statements made on social media, is now deemed wrongful in Montana.

Federal Appeals Court Expanded the Scope of Nation’s Anti-Bias Law

Title VII of the Civil Rights Act protects applicants and employees from discrimination based on race, religion, sex, and more. In their decision, the 5th Circuit Court of Appeals, which oversees cases arising out of Texas, Louisiana, and Mississippi, ruled that individuals are not limited to bringing Title VII claims only when subjected to “ultimate employment decisions” like terminations or applicant rejections. Instead, the court ruled that all terms, conditions, or privileges of employment should be protected under Title VII. The court concluded that discrimination in any of these aspects could lead to actionable claims.