Mont. Code Ann. § 49-2-506 — MT Code / Title 49 / Chapter 2 / Part 5 / Section 49-2-506
49-2-506 Procedure upon decision finding discrimination
Status: in_force

49-2-506 . Procedure upon decision finding discrimination. (1) If the hearings officer finds that a party against whom a complaint was filed has engaged in the discriminatory practice alleged in the complaint, the department shall order the party to refrain from engaging in the discriminatory conduct. The order may:

(a) prescribe conditions on the accused's future conduct relevant to the type of discriminatory practice found;

(b) require any reasonable measure to correct the discriminatory practice and to rectify any harm, pecuniary or otherwise, to the person discriminated against;

(c) require a report on the manner of compliance.

(2) Except as provided in 49-2-510 , the order may not require the payment of punitive damages.

(3) Whenever an order or conciliation agreement requires inspection by the department for a period of time to determine if the respondent is complying with that order or agreement, the period of time may not be more than 1 year.
Mont. Code Ann. § 49-2-504 — MT Code / Title 49 / Chapter 2 / Part 5 / Section 49-2-504
49-2-504 Informal investigation -- conciliation -- findings
Status: in_force

49-2-504 . Informal investigation -- conciliation -- findings. (1) The department shall informally investigate the matters set out in the complaint promptly and impartially to determine whether there is reasonable cause to believe that the allegations are supported by a preponderance of the evidence.

(2) (a) During the informal investigation process and before the department issues a finding under subsection (7), the department may attempt to resolve the complaint by mediation.

(b) If the parties to the complaint voluntarily agree to enter into the mediation process, the time period for the department to complete the informal investigation and issue a finding under subsection (7) may be extended up to 45 days. An agreement to enter into mediation serves to extend the time for hearing beyond 12 months as provided for in 49-2-505 (2).

(c) If the department makes a finding under subsection (7)(c) that there is reasonable cause to believe that unlawful discrimination occurred, the department shall attempt to resolve the complaint by conciliation in a manner that, in addition to providing redress for the complaint, includes conditions that eliminate the discriminatory practice, if any, found in the investigation.

(3) The department shall, within 10 business days following receipt of a filed complaint, notify a respondent that the respondent is the subject of a filed complaint. The notification must be in writing and must include a copy of the filed complaint. If requested, the department shall also provide the parties with all other information related to the complaint in the possession of the department that is not currently in the possession of the parties or a party. The department shall make known to the parties the fact that information is available upon request. The department may not investigate a complaint until it has received notice that the respondent has received the department's notification of the complaint.

(4) If the department determines that the inclusion of documents or information obtained by the department would seriously impede the rights of a person or the proper investigation of the complaint, the information may be excluded from the notification by providing a written summary of the information. The written summary must include sufficient information to give maximum effect to the intent of this chapter.

(5) The respondent shall file an answer to a complaint filed with the department within 10 business days of the respondent's receipt of the complaint. An answer may be a response simply admitting or denying the allegations without further specificity or requesting additional information from the department. The time for filing an answer may be extended by a showing of good cause.

(6) The department shall commence proceedings within 30 days after receipt of a complaint.

(7) (a) After the informal investigation, the department shall issue a finding on whether there is reasonable cause to believe that a preponderance of the evidence supports the charging party's allegation of unlawful discrimination. Unless the time period is extended as provided in subsection (2)(b), the finding must be issued within 180 days after a complaint is filed, except that the department shall issue the finding within 120 days after a complaint is filed under 49-2-305 .

(b) If the department finds that there is no reasonable cause to believe that unlawful discrimination occurred, it shall issue a notice of dismissal and dismiss the case from the department's administrative process. After receipt of a notice of dismissal, a charging party may:

(i) continue the administrative process by filing objections with the commission as provided in 49-2-511 ; or

(ii) discontinue the administrative process and commence proceedings in district court as provided in 49-2-511 .

(c) If the department finds that there is reasonable cause to believe that unlawful discrimination occurred and conciliation efforts are unsuccessful, the department shall certify the complaint for hearing pursuant to 49-2-505 .
Mont. Code Ann. § 49-4-214 — MT Code / Title 49 / Chapter 4 / Part 2 / Section 49-4-214
49-4-214 Right to be accompanied by service animal -- identification for service animals in training
Status: in_force

49-4-214 . Right to be accompanied by service animal -- identification for service animals in training. (1) A person with a disability has the right to be accompanied by a service animal or a service animal in training with identification complying with subsection (4) in any of the places mentioned in 49-4-211 (2) without being charged extra for the service animal. The person with a disability is liable for any damage done to the property by the service animal.

(2) A person with a disability who has a service animal or who obtains a service animal is entitled to full and equal access to all housing accommodations as provided in 49-2-305 and 49-4-212 . The person with a disability may not be required to pay extra compensation for the service animal but is liable for any damage done to the premises by the service animal.

(3) A person who is training a service animal is entitled to the same rights and assumes the same responsibilities granted to a person with a disability in this section.

(4) For the purposes of this section, a service animal in training shall wear a leash, collar, cape, harness, or backpack that identifies in writing that the animal is a service animal in training. The written identification for service animals in training must be visible and legible from a distance of at least 20 feet.

(5) If a person has a service animal that provides assistance and the person wishes to access the places and accommodations mentioned in 49-4-211 accompanied by the animal in its capacity as a service animal:

(a) the service animal must be under the handler's control as required under 28 CFR 35.136 that is in effect as of October 1, 2019; and

(b) the person may be asked by a representative of the place or accommodation:

(i) whether the animal is a service animal that is required because of a disability; and

(ii) to describe the work or task the service animal is trained to perform.

(6) (a) If the service animal described in subsection (5) is not under the handler's control and the handler has not taken effective action to control the service animal or the service animal is not housebroken, the handler may be asked to remove the service animal from the place or accommodation.

(b) A place or accommodation that asks that a service animal be removed from the place or accommodation as provided in subsection (6)(a) shall give the service animal's handler the opportunity to participate in the service, program, or activity without having the service animal on the premises.

(7) If a place or accommodation mentioned in 49-4-211 posts a notice that dogs or other animals are prohibited on the premises, the place or accommodation must also indicate that a person may be accompanied by a service animal subject to the provisions of this chapter.
Mont. Code Ann. § 49-4-102 — MT Code / Title 49 / Chapter 4 / Part 1 / Section 49-4-102
49-4-102 Penalty and civil remedy
Status: in_force

49-4-102 . Penalty and civil remedy. A person who practices discrimination in violation of 49-4-101 commits a misdemeanor and is also liable in a district court action for civil damages and attorney fees by the person discriminated against. If the person who allegedly practiced discrimination prevails in the civil action, the person is entitled to recover reasonable attorney fees from the person who alleged the discrimination.
Mont. Code Ann. § 49-4-216 — MT Code / Title 49 / Chapter 4 / Part 2 / Section 49-4-216
49-4-216 Duty and civil liability of pedestrian or driver approaching blind person
Status: in_force

49-4-216 . Duty and civil liability of pedestrian or driver approaching blind person. (1) A pedestrian who is not totally or partially blind or a driver of a vehicle who approaches or comes in contact with a person who is totally or partially blind and is carrying a cane or walking stick predominantly white or metallic in color or white tipped with red or is being led by a trained guide dog wearing a harness and walking on either side of or slightly in front of such blind person shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to such blind person.

(2) A driver or pedestrian who fails to take such precautions is liable in damages for any injury caused the totally or partially blind person. A totally or partially blind pedestrian who is not carrying such a cane or using a guide dog in any of the places listed in 49-4-211 has all of the rights and privileges conferred by law upon other persons, and the failure of such a pedestrian to carry such a cane or to use a guide dog in any such place may not be held to constitute or be evidence of contributory negligence.
Mont. Code Ann. § 49-4-508 — MT Code / Title 49 / Chapter 4 / Part 5 / Section 49-4-508
49-4-508 Oath of interpreter
Status: in_force

49-4-508 . Oath of interpreter. An interpreter appointed to interpret for a deaf person, before entering upon the interpreter's duties, shall take an oath that the interpreter will make a true interpretation in an understandable manner to the person for whom the interpreter is appointed and that the interpreter will repeat the statements of the person in the English language to the best of the interpreter's skill and judgment.
Mont. Code Ann. § 49-4-310 — MT Code / Title 49 / Chapter 4 / Part 3 / Section 49-4-310
49-4-310 Disability parking permit for long-term care facility
Status: in_force

49-4-310 . Disability parking permit for long-term care facility. A long-term care facility, as defined in 37-9-101 , may apply for a permit issued for accessible parking spaces under 49-4-302 . If granted, the permit entitles the facility to the privileges granted in 49-4-302 .
Mont. Code Ann. § 49-2-403 — MT Code / Title 49 / Chapter 2 / Part 4 / Section 49-2-403
49-2-403 Specific limits on justification
Status: in_force

49-2-403 . Specific limits on justification. (1) Except as permitted in 49-2-303 (3) through (6) and 49-3-201 (5), sex, marital status, age, physical or mental disability, race, creed, religion, color, or national origin may not comprise justification for discrimination except for the legally demonstrable purpose of correcting a previous discriminatory practice.

(2) Age or mental disability may represent a legitimate discriminatory criterion in credit transactions only as it relates to a person's capacity to make or be bound by contracts or other obligations.
Mont. Code Ann. § 49-4-202 — MT Code / Title 49 / Chapter 4 / Part 2 / Section 49-4-202
49-4-202 Policy of the state
Status: in_force

49-4-202 . Policy of the state. It is the policy of the state to encourage and enable the blind, the visually impaired, the deaf, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment. The blind, the visually impaired, the deaf, and the otherwise physically disabled must be employed in the state service, the service of the political subdivisions of the state, the public schools, and all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.
Mont. Code Ann. § 49-4-301 — MT Code / Title 49 / Chapter 4 / Part 3 / Section 49-4-301
49-4-301 Eligibility for disability parking permit
Status: in_force

49-4-301 . Eligibility for disability parking permit. (1) The department of justice shall issue a disability parking permit to a person who has a disability that limits or impairs the person's mobility and for whom a licensed physician, a licensed chiropractor, or a licensed advanced practice registered nurse, as provided in 37-8-202 , submits a certification to the department, by electronic or other means prescribed by the department, that the person meets one of the following criteria:

(a) cannot walk 200 feet without stopping to rest;

(b) is severely limited in ability to walk because of an arthritic, neurological, or orthopedic condition;

(c) is so severely disabled that the person cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device;

(d) uses portable oxygen;

(e) is restricted by lung disease to the extent that forced expiratory respiratory volume, when measured by spirometry, is less than 1 liter per second or the arterial oxygen tension is less than 60 mm/hg on room air at rest;

(f) has impairment because of cardiovascular disease or a cardiac condition to the extent that the person's functional limitations are classified as class III or IV under standards accepted by the American heart association; or

(g) has a disability resulting from an acute sensitivity to automobile emissions or from another disease or physical condition that limits or impairs the person's mobility and that is documented by the licensed physician, the licensed chiropractor, or the licensed advanced practice registered nurse as being comparable in severity to the other conditions listed in this subsection (1).

(2) (a) A person who has a condition expected to improve within 6 months may be issued a temporary placard for a period not to exceed 6 months but may not be issued a disability license plate displaying a wheelchair under 61-3-332 (9). If the condition exists after 6 months, a new temporary placard must be issued for the time period prescribed by the applicant's physician, chiropractor, or advanced practice registered nurse, not to exceed 24 months, upon receipt of a later paper or electronic certification from the disabled person's physician, chiropractor, or advanced practice registered nurse that the conditions specified in subsection (1) continue to exist and are expected to continue for the time specified.

(b) A person who meets one of the criteria in subsection (1) for what is considered to be a permanent condition, as determined by a licensed physician, a licensed chiropractor, or a licensed advanced practice registered nurse, may, by application to the department, by electronic or other means prescribed by the department, be issued a disability license plate displaying a wheelchair under 61-3-332 (9) and is not required to reapply for the disability license plate when the vehicle is reregistered.

(3) The department of justice may issue disability parking permits to an agency or business that provides transportation as a service for persons with a disability. The permits must be used only to load and unload persons with a disability in the accessible parking place provided for in 49-4-302 . As used in this subsection, "disability" means a physical impairment that severely limits a person's ability to walk.

(4) Except as provided in subsection (3), an applicant may not receive more than one permit.
Mont. Code Ann. § 49-4-306 — MT Code / Title 49 / Chapter 4 / Part 3 / Section 49-4-306
49-4-306 Department of justice to publicize permit
Status: in_force

49-4-306 . Department of justice to publicize permit. (1) The department of justice shall publicize the provisions of 49-4-301 through 49-4-305 in a manner designed to inform those eligible for a disability parking permit.

(2) The department of justice shall budget sufficient funds to accomplish the requirements of subsection (1).
Mont. Code Ann. § 49-1-304 — MT Code / Title 49 / Chapter 1 / Part 3 / Section 49-1-304
49-1-304 Private cause of action -- penalties -- limitation
Status: in_force

49-1-304 . Private cause of action -- penalties -- limitation. (1) A person who is harmed by a violation of this part may bring a cause of action against a public school or the state for injunctive relief, monetary damages, reasonable attorney fees and costs, and any other appropriate relief.

(2) A civil action brought pursuant to this section must be initiated within 2 years after the violation of this part occurs.
Mont. Code Ann. § 49-2-505 — MT Code / Title 49 / Chapter 2 / Part 5 / Section 49-2-505
49-2-505 Contested case hearing -- appeal to commission -- final agency decision
Status: in_force

49-2-505 . Contested case hearing -- appeal to commission -- final agency decision. (1) The department shall hold a contested case hearing on a complaint that is certified for hearing under 49-2-504 or that is remanded for hearing by the commission or by a reviewing court. The department shall serve notice of the hearing and a copy of the complaint on the parties.

(2) If the parties mutually agree to extend the time for hearing beyond 12 months after the complaint is filed, then the parties shall stipulate to a schedule for proceedings to be established by the department. The department shall, not later than 395 days after the complaint was filed, set a date for an administrative hearing in the case in accordance with the stipulated schedule. After a hearing date is set, the department may, in its sole discretion, issue a continuance of the hearing date only upon a showing of good cause.

(3) (a) The hearing must be held by the department in the county where the unlawful conduct is alleged to have occurred unless a party requests and is granted a change of venue for good cause shown. The case in support of the complaint may be presented before the department by the charging party or an attorney representing the charging party. The hearing must be held in accordance with the applicable portions of the Montana Rules of Civil Procedure.

(b) Upon request of the hearings officer, the department may present evidence with regard to activity conducted. However, except in cases brought pursuant to 42 U.S.C. 3601, et seq., the department may not represent either party in a contested case hearing.

(c) If the case is not settled, fully decided on order or motion, or otherwise resolved, after a hearing, the hearings officer shall issue a decision. If the decision is not appealed to the commission within 14 days as provided in subsection (4), the decision becomes final and is not appealable to district court.

(4) A party may appeal a decision of the hearings officer by filing an appeal with the commission within 14 days after the issuance of the notice of decision of the administrative hearing.

(5) The commission shall hear all appeals within 120 days of receipt of an appeal. The commission may affirm, reject, or modify the decision in whole or in part. The commission shall render a final agency decision within 90 days of hearing the appeal.

(6) All hearings conducted under this section may, upon stipulation of the parties, be heard telephonically.

(7) The department or the commission may make provisions for defraying the expenses of an indigent party in a hearing held pursuant to this chapter.

(8) The prevailing party in a hearing under this section may bring an action in district court for attorney fees and costs. The court in its discretion may allow the prevailing party reasonable attorney fees and costs. An action under this section must comply with the Montana Rules of Civil Procedure.

(9) Within 30 days after the commission issues a final agency decision in writing under subsection (5), a party may petition a district court for judicial review of the final agency decision as provided in 2-4-702 .
Mont. Code Ann. § 49-4-511 — MT Code / Title 49 / Chapter 4 / Part 5 / Section 49-4-511
49-4-511 Privileged communications
Status: in_force

49-4-511 . Privileged communications. Any information that the interpreter gathers from the deaf person pertaining to any proceeding then pending shall at all times remain confidential and privileged, on an equal basis with the attorney-client privilege, unless such deaf person desires that such information be communicated to other persons.
Mont. Code Ann. § 49-2-309 — MT Code / Title 49 / Chapter 2 / Part 3 / Section 49-2-309
49-2-309 Discrimination in insurance and retirement plans
Status: in_force

49-2-309 . Discrimination in insurance and retirement plans. (1) A financial institution or person may not discriminate solely on the basis of sex or marital status in the issuance or operation of any type of insurance policy, plan, or coverage or in any pension or retirement plan, program, or coverage, including discrimination in regard to rates or premiums and payments or benefits.

(2) This section does not apply to any insurance policy, plan, or coverage or to any pension or retirement plan, program, or coverage in effect prior to October 1, 1985.

(3) It is not a violation of the prohibition against marital status discrimination in this section for an employer to provide greater or additional contributions to a bona fide group insurance plan for employees with dependents than to those employees without dependents or with fewer dependents.

(4) Except as prohibited under 45 CFR, part 147, implementing the Patient Protection and Affordable Care Act as of October 1, 2021, it is not a violation of the prohibition against sex or marital status discrimination in this section for a person to use accepted ratemaking methodologies based on sex or marital status in establishing insurance premium rates.
Mont. Code Ann. § 49-4-503 — MT Code / Title 49 / Chapter 4 / Part 5 / Section 49-4-503
49-4-503 Deaf person as participant in judicial or administrative proceeding -- interpreter to be used
Status: in_force

49-4-503 . Deaf person as participant in judicial or administrative proceeding -- interpreter to be used. A qualified interpreter must be appointed as follows:

(1) In any case before any court or a grand jury in which a deaf person is a party, either as a complainant, defendant, or witness, the court shall appoint a qualified interpreter to interpret the proceedings to the deaf person and interpret the deaf person's testimony or statements and to assist in preparation with counsel.

(2) At all stages in any proceeding of a judicial or quasi-judicial nature before any agency of the state or governing body or agency of a local government in which a deaf person is a principal party in interest, either as a complainant, defendant, witness, or supplicant, the agency or governing body shall appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret the deaf person's testimony or statements.

(3) (a) In any proceedings in which a deaf person may be subjected to confinement or criminal sanction or in any proceeding preliminary, including a coroner's inquest, grand jury proceedings, and proceedings relating to mental health commitments, the presiding judicial officer shall appoint a qualified interpreter to assist the deaf person throughout the proceedings.

(b) Upon arresting a deaf person for an alleged violation of a criminal law and prior to interrogating or taking a statement of the deaf person, the arresting law enforcement official shall make available to the person, at the earliest possible time, a qualified interpreter to assist the person throughout the interrogation or taking of a statement.

(c) A statement, written or oral, made by a person who is deaf in reply to a question of a law enforcement officer or any other person having a prosecutorial function in any criminal or quasi-criminal proceeding may not be used against that deaf person unless either the statement was made or elicited through a qualified interpreter and was made knowingly, voluntarily, and intelligently or, in the case of waiver, the court makes a special finding that any statement made by the deaf person was made knowingly, voluntarily, and intelligently.

(d) This subsection (3) does not apply to apprehensions, arrests, or statements involving a violation of the traffic laws of Montana.
Mont. Code Ann. § 49-4-101 — MT Code / Title 49 / Chapter 4 / Part 1 / Section 49-4-101
49-4-101 Discrimination prohibited
Status: in_force

49-4-101 . Discrimination prohibited. It is unlawful to discriminate, in hiring or employment, against a person because of the person's physical disability. There is no discrimination when the nature or extent of the disability reasonably precludes the performance of the particular employment or when the particular employment may subject the person with a disability or that person's fellow employees to physical harm.
Mont. Code Ann. § 49-2-313 — MT Code / Title 49 / Chapter 2 / Part 3 / Section 49-2-313
49-2-313 Exemption
Status: in_force

49-2-313 . Exemption. A licensed nursing home, long-term care facility, or assisted living facility is exempt from compliance with 49-2-312 during any period of time that compliance with 49-2-312 would result in a violation of regulations or guidance issued by the centers for medicare and medicaid services or the centers for disease control and prevention.
Mont. Code Ann. § 49-2-202 — MT Code / Title 49 / Chapter 2 / Part 2 / Section 49-2-202
49-2-202 Authority to require posted notice
Status: in_force

49-2-202 . Authority to require posted notice. The commission may require any employer, employment agency, labor union, educational institution, or financial institution or the owner, lessee, manager, agent, or employee of any public accommodation or housing accommodation subject to this chapter to post, in a conspicuous place on the premises or in the accommodation, a notice to be prepared or approved by the commission containing relevant information that the commission considers necessary to explain this chapter. Any person or institution subject to this section who refuses to comply with an order of the commission respecting the posting of a notice is guilty of a misdemeanor and shall be punished by a fine of not more than $50.
Mont. Code Ann. § 49-4-602 — MT Code / Title 49 / Chapter 4 / Part 6 / Section 49-4-602
49-4-602 Definitions
Status: in_force

49-4-602 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation or transfusion.

(2) "Auxiliary aids or services" means an aid or service that is used to provide information to a person with a cognitive, developmental, intellectual, neurological, or physical disability and is available in a format or manner that allows the person to better understand the information. An auxiliary aid or service may include:

(a) qualified interpreters or other effective methods of making aurally delivered materials available to persons who are deaf or hard of hearing;

(b) qualified readers, taped texts, texts in accessible electronic format, or other effective methods of making visually delivered materials available to persons with visual impairments; and

(c) supported decisionmaking services, including:

(i) the use of a support individual to communicate information to the person with a disability, ascertain the wishes of the person, or assist the person in making decisions;

(ii) the disclosure of information to a legal guardian, authorized representative, or another individual designated by the person with a disability for that purpose, as long as the disclosure is consistent with state and federal law, including the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d, et seq., and any regulations promulgated by the United States department of health and human services to implement the act;

(iii) if a person who has a disability has a court-appointed guardian or other individual responsible for making medical decisions on behalf of the person, any measures used to ensure that the person is included in decisions involving the person's health care and that medical decisions are in accordance with the person's own expressed interests; and

(iv) any other aid or service that is used to provide information in a format that is easily understandable and accessible to people with cognitive, neurological, developmental, or intellectual disabilities, including assistive communication technology.

(3) "Covered entity" means:

(a) a licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers; or

(b) an entity responsible for matching anatomical gift donors to potential recipients.

(4) "Disability" means:

(a) a physical or intellectual impairment that substantially limits one or more of a person's major life activities;

(b) a record of such an impairment; or

(c) being regarded as having such an impairment.

(5) "Organ transplant" means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition.

(6) "Qualified recipient" means a person who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:

(a) individuals or entities available to support and assist the person with an anatomical gift or transplantation;

(b) auxiliary aids or services; or

(c) reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications to allow for:

(i) communication with one or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation; or

(ii) consideration of support networks available to the person, including family, friends, and home and community-based services, including home and community-based services funded through medicaid, medicare, another health plan in which the person is enrolled, or any program or source of funding available to the person when determining whether the person is able to comply with posttransplant medical requirements.
Mont. Code Ann. § 49-2-508 — MT Code / Title 49 / Chapter 2 / Part 5 / Section 49-2-508
49-2-508 Enforcement of commission or department order or conciliation agreement
Status: in_force

49-2-508 . Enforcement of commission or department order or conciliation agreement. If the order issued under 49-2-506 is not obeyed, the commissioner, the department, or a party may petition the district court in the county where the discriminatory practice occurred or in which the respondent resides or transacts business to enforce the commission's or department's order by any appropriate order. The commissioner, the department, or a party may also commence a civil action in an appropriate district court for relief for a breach of a conciliation agreement.
Mont. Code Ann. § 49-4-601 — MT Code / Title 49 / Chapter 4 / Part 6 / Section 49-4-601
49-4-601 Legislative intent
Status: in_force

49-4-601 . Legislative intent. The legislature finds that:

(1) an intellectual or physical disability does not diminish a person's right to health care;

(2) the "Americans with Disabilities Act of 1990", 42 U.S.C. 12101, prohibits discrimination against persons with disabilities;

(3) life-saving organ transplants should not be denied to persons with disabilities based on assumptions that they are incapable of complying with posttransplant medical requirements or lack adequate support systems to ensure compliance with posttransplant medical requirements;

(4) although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in medicare, medicaid, and other federally funded programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and

(5) Montana residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.
Mont. Code Ann. § 49-4-213 — MT Code / Title 49 / Chapter 4 / Part 2 / Section 49-4-213
49-4-213 Use of white or metallic-colored canes restricted to the blind
Status: in_force

49-4-213 . Use of white or metallic-colored canes restricted to the blind. No person, except those wholly or partially blind, shall carry or use on any street or highway or in any other public place a cane or walking stick which is white or metallic in color or white or metallic tipped with red.
Mont. Code Ann. § 49-1-210 — MT Code / Title 49 / Chapter 1 / Part 2 / Section 49-1-210
49-1-210 Right to bear arms protected -- remedies
Status: in_force

49-1-210 . Right to bear arms protected -- remedies. (1) The state may not burden a person's right to bear arms unless the state proves that burdening the person's right to bear arms furthers a compelling state interest and is the least restrictive means to further that interest.

(2) A person whose right to bear arms has been burdened by the state, or is likely to be burdened by the state, in violation of subsection (1) may assert the violation or impending violation as a claim or defense against the state in a judicial proceeding. The person asserting the claim or defense may obtain appropriate relief, including but not limited to injunctive relief, declaratory relief, and compensatory damages.

(3) A person who prevails on a claim to enforce the person's rights under Article II, section 12, of the Montana constitution or 49-1-208 through 49-1-210 must be awarded reasonable attorney fees and costs.
Mont. Code Ann. § 49-3-103 — MT Code / Title 49 / Chapter 3 / Part 1 / Section 49-3-103
49-3-103 Permitted distinctions
Status: in_force

49-3-103 . Permitted distinctions. (1) Nothing in this chapter prohibits any public employer:

(a) from enforcing a differentiation based on marital status, age, or physical or mental disability when based on a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or where the differentiation is based on reasonable factors other than age;

(b) from observing the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this chapter, except that an employee benefit plan may not excuse the failure to hire any individual;

(c) from discharging or otherwise disciplining an individual for good cause; or

(d) from providing greater or additional contributions to a bona fide group insurance plan for employees with dependents than to those employees without dependents or with fewer dependents.

(2) The application of an employment preference as provided for in 2-18-111 , 10-2-402 , 18-1-110 , and Title 39, chapter 29 or 30, by a public employer as defined in 39-29-101 and 39-30-103 may not be construed to constitute a violation of this chapter.
Mont. Code Ann. § 49-2-305 — MT Code / Title 49 / Chapter 2 / Part 3 / Section 49-2-305
49-2-305 Discrimination in housing -- exemptions
Status: in_force

49-2-305 . Discrimination in housing -- exemptions. (1) It is an unlawful discriminatory practice for the owner, lessor, or manager having the right to sell, lease, or rent a housing accommodation or improved or unimproved property or for any other person:

(a) to refuse to sell, lease, or rent the housing accommodation or property to a person because of sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, or national origin;

(b) to discriminate against a person because of sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin in a term, condition, or privilege relating to the use, sale, lease, or rental of the housing accommodation or property;

(c) to make an inquiry of the sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin of a person seeking to buy, lease, or rent a housing accommodation or property for the purpose of discriminating on the basis of sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin;

(d) to refuse to negotiate for a sale or to otherwise make unavailable or deny a housing accommodation or property because of sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin;

(e) to represent to a person that a housing accommodation or property is not available for inspection, sale, or rental because of that person's sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin when the housing accommodation or property is in fact available; or

(f) for profit, to induce or attempt to induce a person to sell or rent a housing accommodation or property by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin.

(2) The rental of sleeping rooms in a private residence designed for single-family occupancy in which the owner also resides is excluded from the provisions of subsection (1), provided that the owner rents no more than three sleeping rooms within the residence.

(3) It is an unlawful discriminatory practice to make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement that indicates any preference, limitation, or discrimination that is prohibited by subsection (1) or any intention to make or have a prohibited preference, limitation, or discrimination.

(4) It is an unlawful discriminatory practice for a person to discriminate because of a physical or mental disability of a buyer, lessee, or renter; a person residing in or intending to reside in or on the housing accommodation or property after it is sold, leased, rented, or made available; or any person associated with that buyer, lessee, or renter:

(a) in the sale, rental, or availability of the housing accommodation or property;

(b) in the terms, conditions, or privileges of a sale or rental of the housing accommodation or property; or

(c) in the provision of services or facilities in connection with the housing accommodation or property.

(5) (a) For purposes of subsections (1) and (4), discrimination because of physical or mental disability includes:

(i) refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the person with a disability if the modifications may be necessary to allow the person full enjoyment of the premises, except that in the case of a lease or rental, the landlord may, when it is reasonable to do so, condition permission for a modification on the lessee's or renter's agreement to restore the interior of the premises to the condition that existed before the modification, except for reasonable wear and tear;

(ii) refusal to make reasonable accommodations in rules, policies, practices, or services when the accommodations may be necessary to allow the person equal opportunity to use and enjoy a housing accommodation or property; or

(iii) except as provided in subsection (5)(b), in connection with the design and construction of a covered multifamily housing accommodation, a failure to design and construct the housing accommodation in a manner that:

(A) provides at least one accessible building entrance on an accessible route;

(B) makes the public use and common use portions of the housing accommodation readily accessible to and usable by a person with a disability;

(C) provides that all doors designed to allow passage into and within all premises within the housing accommodation are sufficiently wide to allow passage by a person with a disability who uses a wheelchair; and

(D) ensures that all premises within the housing accommodation contain the following features:

(I) an accessible route into and through the housing accommodation;

(II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(III) reinforcements in bathroom walls to allow later installation of grab bars; and

(IV) usable kitchens and bathrooms that allow an individual who uses a wheelchair to maneuver about the space.

(b) A covered multifamily housing accommodation that does not have at least one building entrance on an accessible route because it is impractical to do so due to the terrain or unusual characteristics of the site is not required to comply with the requirements of subsection (5)(a)(iii).

(6) For purposes of subsection (5), the term "covered multifamily housing accommodation" means:

(a) a building consisting of four or more dwelling units if the building has one or more elevators; and

(b) ground floor units in a building consisting of four or more dwelling units.

(7) (a) It is an unlawful discriminatory practice for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate because of sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin against a person in making available a transaction or in the terms or conditions of a transaction.

(b) For purposes of this subsection (7), the term "residential real estate-related transaction" means any of the following:

(i) the making or purchasing of loans or providing other financial assistance:

(A) for purchasing, constructing, improving, repairing, or maintaining a housing accommodation or property; or

(B) secured by residential real estate; or

(ii) the selling, brokering, or appraising of residential real property.

(8) It is an unlawful discriminatory practice to deny a person access to or membership or participation in a multiple-listing service; real estate brokers' organization; or other service, organization, or facility relating to the business of selling, leasing, or renting housing accommodations or property or to discriminate against the person in the terms or conditions of access, membership, or participation because of sex, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin.

(9) It is an unlawful discriminatory practice to coerce, intimidate, threaten, or interfere with a person in the exercise or enjoyment of or because of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of a right granted or protected by this section.

(10) The prohibitions of this section against discrimination because of age and familial status do not extend to housing for older persons. "Housing for older persons" means housing:

(a) provided under any state or federal program specifically designed and operated to assist elderly persons;

(b) intended for, and solely occupied by, persons 62 years of age or older; or

(c) intended and operated for occupancy by at least one person 55 years of age or older per unit in accordance with the provisions of 42 U.S.C. 3607(b)(2)(C) and (b)(3) through (b)(5), as those provisions read on March 31, 1996.

(11) The prohibitions of subsection (1) against discrimination because of age and familial status do not extend to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than two families living independently of each other, if the owner actually maintains and occupies one of the living quarters as the owner's residence.

(12) For purposes of this section, "familial status" means having a child or children who live or will live with a person. A distinction based on familial status includes one that is based on the age of a child or children who live or will live with a person.
Mont. Code Ann. § 49-2-510 — MT Code / Title 49 / Chapter 2 / Part 5 / Section 49-2-510
49-2-510 Procedures and remedies for enforcement of housing discrimination laws
Status: in_force

49-2-510 . Procedures and remedies for enforcement of housing discrimination laws. (1) A complaint may be filed with the department by or on behalf of a person claiming to be aggrieved by any discriminatory practice prohibited by 49-2-305 . The complaint must be written and verified by the aggrieved person and must be filed with the department within 180 days after the alleged unlawful discriminatory practice occurred or was discovered.

(2) If in a hearing under 49-2-505 the department finds that a person against whom a complaint was filed under this part has engaged in a discriminatory practice in violation of 49-2-305 , the department may, in addition to the remedies and injunctive and other equitable relief provided by 49-2-506 , to vindicate the public interest, assess a civil penalty:

(a) in an amount not exceeding $10,000 if the respondent has not been adjudged in any prior judicial or formal administrative proceeding to have committed any prior discriminatory housing practice in violation of 49-2-305 ; and

(b) in an amount not exceeding $25,000 if the respondent has been adjudged in any prior judicial or formal administrative proceedings to have committed one or more similar discriminatory housing practices in repeated violation of 49-2-305 during the 5-year period ending on the date of the filing of the written complaint.

(3) In the case of a decision with respect to a discriminatory housing practice in violation of 49-2-305 that occurred in the course of a business subject to licensing or regulation by a governmental agency, the department shall, no later than 30 days after the date of the issuance of the order send a copy of the decision to the licensing or regulatory agency.

(4) (a) Following completion of the informal investigation of a complaint filed under 49-2-305 , a charging party or a respondent may elect to have the claims decided in a civil action in lieu of a hearing under 49-2-505 . The election must be made in writing no later than 30 days after the service of notice of hearing under 49-2-505 on the electing party. The election must give notice to the department and to all other parties named in the complaint. Within 30 days after the election is made, the charging party, the commissioner, or the aggrieved party may commence a civil action in an appropriate district court on behalf of the aggrieved party if the department has made a finding that the allegations of the complaint are supported by a preponderance of the evidence. If the department has made a finding that the allegations of the complaint are not supported by a preponderance of the evidence, the charging party may commence a civil action in an appropriate district court in accordance with subsection (5). An aggrieved party with respect to the issues to be determined in a civil action brought by the department may intervene in the action.

(b) The department may not continue administrative proceedings on a complaint after an election is made in accordance with subsection (4)(a). The charging party may commence a civil action in an appropriate district court in accordance with subsection (5). An aggrieved party with respect to issues to be determined in a civil action brought by the department may intervene in the action.

(5) (a) An aggrieved party may commence a civil action in an appropriate district court within 2 years after an alleged unlawful discriminatory practice under 49-2-305 occurred or was discovered or within 2 years of the breach of a conciliation agreement entered into under 49-2-504 in a case alleging a violation of 49-2-305 . The computation of the 2-year period does not include any time during which an administrative proceeding under this title was pending with respect to a complaint alleging a violation of 49-2-305 . The tolling of the time limit for commencing a civil action does not apply to actions arising from breach of a conciliation agreement.

(b) An aggrieved party may commence a civil action under this subsection (5) for a violation of 49-2-305 whether or not a complaint has been filed under 49-2-501 and without regard to the status of a complaint filed with the department, except as provided in subsection (5)(d). If the department has obtained a conciliation agreement with the consent of the aggrieved party, an action may not be filed under this subsection (5) by the aggrieved party regarding the alleged violation of 49-2-305 that forms the basis for the complaint except for the purpose of enforcing the terms of the agreement.

(c) The commission or the department may not continue administrative proceedings on a complaint after the filing of a civil action commenced by the aggrieved party under this subsection (5) seeking relief with respect to the same alleged violation of 49-2-305 .

(d) An aggrieved party may not commence a civil action under this subsection (5) with respect to an alleged violation of 49-2-305 if the commission or the department has commenced a hearing on the record under 49-2-505 regarding the same complaint.

(e) Upon application by a person alleging a violation of 49-2-305 in a civil action under this subsection (5) or by a person against whom the violation is alleged, the court may:

(i) appoint an attorney for the applicant and the respondent; or

(ii) authorize the commencement or continuation of a civil action without the payment of fees, costs, or security if, in the opinion of the court, the party is financially unable to bear the costs of the civil action. As in all actions brought in forma pauperis, the burden of showing lack of financial ability rests with the party claiming financial hardship.

(6) If the court finds that a party against whom a complaint was filed under this section has been adjudicated in a civil or formal administrative proceeding to have engaged in a similar discriminatory practice in violation of 49-2-305 , the court may, consistent with the provisions of subsection (2) of this section, award punitive damages. The court may also award attorney fees and costs to the substantively prevailing party.

(7) All civil damages and penalties, monetary or otherwise, awarded under this section to an organization that is not an aggrieved party must be deposited in the state general fund.
Mont. Code Ann. § 49-4-304 — MT Code / Title 49 / Chapter 4 / Part 3 / Section 49-4-304
49-4-304 Disability license plate or placard to be provided and displayed -- additional placards allowed -- rulemaking required
Status: in_force

49-4-304 . Disability license plate or placard to be provided and displayed -- additional placards allowed -- rulemaking required. (1) Except as authorized in 49-4-303 , unless the department of justice issued a disability license plate under 61-3-332 (9) or 61-3-458 (4)(b) or (4)(i) indicating an accessible parking privilege, the department shall provide a placard to be displayed on or in a motor vehicle to indicate a parking privilege granted under this part. The disability license plate must be affixed to the vehicle according to 61-3-301 , or the placard must be prominently displayed in the windshield of a vehicle when the parking privilege is being used by the person with a disability in a vehicle other than the one to which a disability license plate is affixed.

(2) Subject to the provisions of 49-4-301 through 49-4-305 , a person who is eligible to receive a disability parking permit may apply to the department for one or more placards.

(3) The department shall issue up to two placards to eligible individuals and may issue additional placards. The department shall adopt rules to determine the process for an individual to request additional placards.

(4) Upon application under 49-4-301 , a person with a disability who does not hold a driver's license or does not own a vehicle may receive a placard to be displayed in a vehicle in which the person with a disability is being conveyed when the parking privilege is being used.

(5) The placard must bear a representation of a wheelchair as the symbol of a person with a disability.
Mont. Code Ann. § 49-2-511 — MT Code / Title 49 / Chapter 2 / Part 5 / Section 49-2-511
49-2-511 Dismissal after informal proceedings -- filing of objections -- procedures -- action in district court
Status: in_force

49-2-511 . Dismissal after informal proceedings -- filing of objections -- procedures -- action in district court. (1) If the department, after the informal investigation, issues a notice of dismissal under 49-2-501 (5) or 49-2-504 (7)(b), a charging party may file objections to the dismissal with the commission. The objections must be filed with the commission within 14 days after the issuance of the notice of dismissal.

(2) (a) The commission shall consider the objection in an informal hearing and review the department's findings for an abuse of discretion.

(b) If the commission overrules the objection, it shall issue its order affirming the department's notice of dismissal.

(c) If the commission sustains the objection, it shall reopen the case by remanding it to the department.

(3) (a) Within 90 days after the department has issued a notice of dismissal pursuant to 49-2-501 (5) or 49-2-504 (7)(b) or within 90 days after the commission has issued an order affirming the department's notice of dismissal pursuant to subsection (2)(b) of this section, the charging party may commence a civil action for appropriate relief on the merits of the case in the district court in the district in which the alleged violation occurred. If the charging party fails to commence the civil action in the district court within 90 days after the final agency decision has been issued, the claim is barred. The court may provide the same relief as described in 49-2-506 . In addition, the court may in its discretion allow the prevailing party reasonable attorney fees and costs.

(b) Within 30 days after the commission issues an order affirming the department's notice of dismissal pursuant to subsection (2)(b), a party may petition a district court for judicial review of the final agency decision as provided in 2-4-604 .
Mont. Code Ann. § 49-2-602 — MT Code / Title 49 / Chapter 2 / Part 6 / Section 49-2-602
49-2-602 Intimidation or interference in right to be free from housing discrimination -- penalties
Status: in_force

49-2-602 . Intimidation or interference in right to be free from housing discrimination -- penalties. (1) It is unlawful for a person, whether or not acting under color of law, by force or threat of force to purposefully or knowingly injure, intimidate, or interfere with or attempt to injure, intimidate, or interfere with:

(a) a person because of sex, race, creed, religion, age, familial status, physical or mental disability, color, or national origin and because the person is or has been:

(i) selling, purchasing, renting, leasing, financing, or occupying or contracting or negotiating for the sale, purchase, lease, rental, financing, or occupation of any housing accommodation or property; or

(ii) applying for or participating in any service, organization, or facility relating to the business of selling, leasing, or renting housing accommodations or property;

(b) a person because that person is or has been:

(i) participating, without discrimination because of sex, race, creed, religion, age, familial status, physical or mental disability, color, or national origin in any of the activities, services, organizations, or facilities described in this subsection (1); or

(ii) affording another person or class of persons opportunity or protection to participate in those activities, services, organizations, or facilities; or

(c) a citizen because the citizen is or has been, or in order to discourage that citizen or any other citizen from, lawfully aiding or encouraging other persons to participate in any of the activities, services, organizations, or facilities described in this subsection (1) or because the citizen is or has been lawfully participating in speech or peaceful assembly opposing any denial of the opportunity to participate.

(2) A person who violates a provision of subsection (1):

(a) shall be fined not more than $1,000 or imprisoned for not more than 1 year, or both;

(b) if bodily injury results, shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both; or

(c) if death results, shall be subject to imprisonment for any term of years or for life.
Mont. Code Ann. § 49-3-203 — MT Code / Title 49 / Chapter 3 / Part 2 / Section 49-3-203
49-3-203 Educational, counseling, and training programs
Status: in_force

49-3-203 . Educational, counseling, and training programs. All educational, counseling, and vocational guidance programs and all apprenticeship and on-the-job training programs of state and local governmental agencies or in which state and local governmental agencies participate must be open to all persons, who must be accepted on the basis of merit and qualifications without regard to race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin. The programs must be conducted to encourage the full development of the interests, aptitudes, skills, and capacities of all students and trainees, with special attention to the problems of persons who are culturally deprived or who are educationally or economically disadvantaged. Expansion of training opportunities under these programs must be encouraged to involve larger numbers of participants from those segments of the labor force in which the need for upgrading levels of skill is greatest.
Mont. Code Ann. § 49-4-504 — MT Code / Title 49 / Chapter 4 / Part 5 / Section 49-4-504
49-4-504 Preliminary determination
Status: in_force

49-4-504 . Preliminary determination. The appointing authority may not appoint a qualified interpreter in any case until the appointing authority makes a preliminary determination that the qualified interpreter is able to accurately communicate with and translate information to and from the deaf person in the case.
Mont. Code Ann. § 49-1-209 — MT Code / Title 49 / Chapter 1 / Part 2 / Section 49-1-209
49-1-209 Definitions
Status: in_force

49-1-209 . Definitions. As used in 49-1-208 through 49-1-210 , unless the context clearly indicates otherwise, the following definitions apply:

(1) "Burden" means to directly or indirectly constrain, inhibit, curtail, or deny a person's right to bear arms or to compel any action contrary to a person's right to bear arms. The term includes but is not limited to withholding benefits, excluding the person from government programs, and assessing criminal, civil, or administrative penalties.

(2) "Compelling state interest" means a government interest of the highest magnitude that cannot otherwise be achieved without burdening a person's right to bear arms.

(3) "Person" means an individual, association, partnership, corporation, estate, trust, foundation, or other legal entity.

(4) "Right to bear arms" means the right defined by Article II, section 12, of the Montana constitution.

(5) "State" means the state of Montana or any political subdivision or local government, municipality, or instrumentality of the state.
Mont. Code Ann. § 49-4-510 — MT Code / Title 49 / Chapter 4 / Part 5 / Section 49-4-510
49-4-510 Waiver
Status: in_force

49-4-510 . Waiver. The right of a deaf person to an interpreter may not be waived except by a deaf person who requests a waiver in writing. Such waiver is subject to the approval of counsel to the deaf person, if existent, and is subject to the approval of the appointing authority.
Mont. Code Ann. § 49-4-501 — MT Code / Title 49 / Chapter 4 / Part 5 / Section 49-4-501
49-4-501 Policy
Status: in_force

49-4-501 . Policy. It is the policy of this state to secure the constitutional rights of deaf or hard-of-hearing persons who may require accommodations to readily understand or communicate spoken language and who consequently cannot be fully protected in legal proceedings unless qualified interpreters are available to assist them.
Mont. Code Ann. § 49-3-106 — MT Code / Title 49 / Chapter 3 / Part 1 / Section 49-3-106
49-3-106 Rulemaking authority
Status: in_force

49-3-106 . Rulemaking authority. The commission may adopt rules necessary for the implementation of this chapter, in accordance with the Montana Administrative Procedure Act. The rules may include but are not limited to procedural rules for:

(1) filing of complaints;

(2) conducting investigations of complaints;

(3) petitioning for a declaratory ruling; and

(4) conduct of hearings.
Mont. Code Ann. § 49-2-210 — MT Code / Title 49 / Chapter 2 / Part 2 / Section 49-2-210
49-2-210 Enforcement
Status: in_force

49-2-210 . Enforcement. (1) When a possible violation of this chapter comes to the attention of the department, the commissioner may initiate a complaint on behalf of the department. The complaint must be signed by the commissioner.

(2) A person is not subject to penalties under this chapter if compliance with the provisions of this chapter would cause the person to violate the provisions of another state law.
Mont. Code Ann. § 49-1-202 — MT Code / Title 49 / Chapter 1 / Part 2 / Section 49-1-202
49-1-202 Right to hold elected office
Status: in_force

49-1-202 . Right to hold elected office. Every elector is eligible to the office for which the elector is an elector except where otherwise specially provided.
Mont. Code Ann. § 49-1-103 — MT Code / Title 49 / Chapter 1 / Part 1 / Section 49-1-103
49-1-103 Right to use force
Status: in_force

49-1-103 . Right to use force. Any necessary force may be used to protect from wrongful injury the person or property of one's self, of a wife, husband, child, parent, or other relative or member of one's family, or of a ward, servant, master, or guest.
Mont. Code Ann. § 49-2-304 — MT Code / Title 49 / Chapter 2 / Part 3 / Section 49-2-304
49-2-304 Discrimination in public accommodations
Status: in_force

49-2-304 . Discrimination in public accommodations. (1) Except when the distinction is based on reasonable grounds, it is an unlawful discriminatory practice for the owner, lessee, manager, agent, or employee of a public accommodation:

(a) to refuse, withhold from, or deny to a person any of its services, goods, facilities, advantages, or privileges because of sex, marital status, race, age, physical or mental disability, creed, religion, color, or national origin;

(b) to publish, circulate, issue, display, post, or mail a written or printed communication, notice, or advertisement which states or implies that any of the services, goods, facilities, advantages, or privileges of the public accommodation will be refused, withheld from, or denied to a person of a certain race, creed, religion, sex, marital status, age, physical or mental disability, color, or national origin.

(2) Except when the distinction is based on reasonable grounds, it is an unlawful discriminatory practice for a licensee under Title 16, chapter 4, to exclude from its membership or from its services, goods, facilities, advantages, privileges, or accommodations any individual on the grounds of race, color, religion, creed, sex, marital status, age, physical or mental disability, or national origin. This subsection does not apply to any lodge of a recognized national fraternal organization.

(3) Nothing in this section prohibits public accommodations from giving or providing special benefits, incentives, discounts, or promotions for the benefit of individuals based on age.
Mont. Code Ann. § 49-1-201 — MT Code / Title 49 / Chapter 1 / Part 2 / Section 49-1-201
49-1-201 Right to state's protection
Status: in_force

49-1-201 . Right to state's protection. Every person while within the jurisdiction of this state is entitled to its protection.
Mont. Code Ann. § 49-2-405 — MT Code / Title 49 / Chapter 2 / Part 4 / Section 49-2-405
49-2-405 Veterans' and persons with disabilities employment preference
Status: in_force

49-2-405 . Veterans' and persons with disabilities employment preference. The application of an employment preference as provided for in Title 39, chapter 29 or 30, and 10-2-402 by a public employer as defined in 39-29-101 and 39-30-103 may not be construed to constitute a violation of this chapter.
Mont. Code Ann. § 49-2-302 — MT Code / Title 49 / Chapter 2 / Part 3 / Section 49-2-302
49-2-302 Aiding, coercing, or attempting
Status: in_force

49-2-302 . Aiding, coercing, or attempting. It is unlawful for a person, educational institution, financial institution, or governmental entity or agency to aid, abet, incite, compel, or coerce the doing of an act forbidden under this chapter or to attempt to do so.
Mont. Code Ann. § 49-2-204 — MT Code / Title 49 / Chapter 2 / Part 2 / Section 49-2-204
49-2-204 Rules
Status: in_force

49-2-204 . Rules. (1) The commission shall adopt procedural and substantive rules necessary to implement the commission's responsibilities under this chapter. Rulemaking procedures must comply with the requirements of the Montana Administrative Procedure Act. At a minimum, the commission shall adopt as part of its procedural rules all applicable portions of the Montana Rules of Civil Procedure and the Montana Rules of Evidence. The commission may adopt the procedural provisions of Title 46 as it considers appropriate.

(2) The department shall adopt procedural and substantive rules necessary to implement the department's responsibilities under this chapter. Rules adopted under this chapter must comply with the Montana Administrative Procedure Act. For contested case hearings conducted pursuant to 49-2-505 , the department shall adopt all applicable portions of the Montana Rules of Civil Procedure and the Montana Rules of Evidence.
Mont. Code Ann. § 49-4-603 — MT Code / Title 49 / Chapter 4 / Part 6 / Section 49-4-603
49-4-603 Discrimination in organ transplantation
Status: in_force

49-4-603 . Discrimination in organ transplantation. (1) A covered entity may not, solely on the basis of a person's disability:

(a) consider the person ineligible to receive an anatomical gift or organ transplant;

(b) deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling, or postoperative treatment and services;

(c) refuse to refer the person to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant;

(d) refuse to place a qualified recipient on an organ transplant waiting list;

(e) place a qualified recipient on an organ transplant waiting list at a lower priority position than the position at which the person would have been placed if the person did not have a disability; or

(f) refuse insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift or organ transplant, including posttransplantation and posttransfusion care.

(2) It is not a violation of subsection (1) for a covered entity to take a person's disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found by a physician or surgeon to be medically significant to the provision of the anatomical gift after completing an individualized evaluation of the person.

(3) If a person has the necessary support system to assist the person in complying with posttransplant medical requirements, a covered entity may not consider the person's inability to independently comply with posttransplant medical requirements to be medically significant for the purposes of subsection (2).

(4) A covered entity must make reasonable modifications to its policies, practices, or procedures to allow people with disabilities access to transplantation-related services, including diagnostic services, surgery, postoperative treatment, and counseling, unless the covered entity can demonstrate that making the modifications would fundamentally alter the nature of such services.

(5) A covered entity must take steps necessary to ensure that a person with a disability is not denied medical services or other services related to organ transplantation, including diagnostic services, surgery, postoperative treatment, or counseling due to the absence of auxiliary aids or services, unless the covered entity can demonstrate that taking the steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity.

(6) This section applies to all stages of the organ transplant process.

(7) Nothing in this section may be construed to:

(a) require a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant; or

(b) affect a covered entity's obligation to comply with the requirements of Titles II and III of the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008.
Mont. Code Ann. § 49-2-503 — MT Code / Title 49 / Chapter 2 / Part 5 / Section 49-2-503
49-2-503 Temporary relief by court order
Status: in_force

49-2-503 . Temporary relief by court order. At any time after a complaint is filed under this chapter, a district court may, upon the application of the commissioner, the department, or the charging party, enter a preliminary injunction against a respondent in the case. The procedure for granting the order is as provided by statute for preliminary injunctions in civil actions.
Mont. Code Ann. § 49-4-604 — MT Code / Title 49 / Chapter 4 / Part 6 / Section 49-4-604
49-4-604 Enforcement
Status: in_force

49-4-604 . Enforcement. (1) A person claiming to be aggrieved by a violation of any provision of this part may file a civil action for injunctive and other equitable relief against the covered entity in the district court for the county where the affected person resides or the county where the alleged violation occurred.

(2) In an action brought under this part, the court may grant injunctive or other equitable relief, including:

(a) requiring auxiliary aids or services to be made available for the recipient;

(b) requiring the modification of a policy, practice, or procedure of a covered entity; or

(c) requiring facilities to be made accessible to and usable by a qualified recipient.

(3) The court shall give priority on its docket and an expedited review.

(4) Nothing in this part is intended to limit or replace other remedies available under federal or other law.

(5) This part does not create a right to compensatory or punitive damages against a covered entity.
Mont. Code Ann. § 49-2-301 — MT Code / Title 49 / Chapter 2 / Part 3 / Section 49-2-301
49-2-301 Retaliation prohibited
Status: in_force

49-2-301 . Retaliation prohibited. It is an unlawful discriminatory practice for a person, educational institution, financial institution, or governmental entity or agency to discharge, expel, blacklist, or otherwise discriminate against an individual because the individual has opposed any practices forbidden under this chapter or because the individual has filed a complaint, testified, assisted, or participated in any manner in an investigation or proceeding under this chapter.
Mont. Code Ann. § 49-3-101 — MT Code / Title 49 / Chapter 3 / Part 1 / Section 49-3-101
49-3-101 Definitions
Status: in_force

49-3-101 . Definitions. As used in this chapter, the following definitions apply:

(1) "Age" means number of years since birth. It does not mean level of maturity or ability to handle responsibility, which may represent legitimate considerations as reasonable grounds for discrimination without reference to age.

(2) "Commission" means the commission for human rights provided for in 2-15-1706 .

(3) (a) "Physical or mental disability" means:

(i) a physical or mental impairment that substantially limits one or more of a person's major life activities;

(ii) a record of such an impairment; or

(iii) a condition regarded as such an impairment.

(b) Discrimination based upon, because of, on the basis of, on the grounds of, or with regard to physical or mental disability includes the failure to make reasonable accommodations that are required by an otherwise qualified person who has a physical or mental disability. Any accommodation that would require an undue hardship or that would endanger the health or safety of any person is not a reasonable accommodation.

(4) "Sex" has the meaning provided in 1-1-201 .

(5) "State or local governmental agency" means:

(a) any branch, department, office, board, bureau, commission, agency, university unit, college, or other instrumentality of state government; or

(b) a county, city, town, school district, or other unit of local government and any instrumentality of local government.

(6) "Qualifications" means qualifications that are genuinely related to competent performance of the particular occupational task.
Mont. Code Ann. § 49-4-502 — MT Code / Title 49 / Chapter 4 / Part 5 / Section 49-4-502
49-4-502 Definitions
Status: in_force

49-4-502 . Definitions. As used in this part, the following definitions apply:

(1) "Appointing authority" means the presiding judge or justice of any court, the presiding officer of any board, commission, or authority, the director or commissioner of any department or agency, or any other person presiding at any hearing or other proceeding in which a qualified interpreter is required pursuant to this part.

(2) "Deaf person" means a person with a diversity in the hearing process that may occur in the outer, middle, or inner ear, whereby sound waves are not converted to electrical signals and nerve impulses are not transmitted to the brain to be interpreted.

(3) "Intermediary interpreter" means a knowledgeable deaf person who, because of the person's intimate acquaintance with deaf persons who use mainly natural gestures for communicating, can be used as an intermediary between the deaf person and a qualified interpreter.

(4) "Principal party in interest" means a person who is a named party in any proceeding or who will be directly affected by the decision or action that may be made or taken.

(5) "Qualified interpreter" means an interpreter listed by the department of public health and human services as provided in 49-4-507 .
Mont. Code Ann. § 49-3-208 — MT Code / Title 49 / Chapter 3 / Part 2 / Section 49-3-208
49-3-208 Public accommodations laws
Status: in_force

49-3-208 . Public accommodations laws. No state or local governmental agency may permit any violation of the public accommodations provisions of 49-2-304 .
Mont. Code Ann. § 49-3-301 — MT Code / Title 49 / Chapter 3 / Part 3 / Section 49-3-301
49-3-301 Cooperation with commission for human rights
Status: in_force

49-3-301 . Cooperation with commission for human rights. All state and local governmental agencies shall cooperate with the commission for human rights in the commission's enforcement and educational programs. They shall comply with the commission's requests for information concerning practices inconsistent with the state policy against discrimination and shall consider its recommendations for effectuating and implementing that policy. The commission shall continue to augment its enforcement and educational programs which seek to eliminate all discrimination.
Mont. Code Ann. § 49-3-207 — MT Code / Title 49 / Chapter 3 / Part 2 / Section 49-3-207
49-3-207 Nondiscrimination provision in all public contracts
Status: in_force

49-3-207 . Nondiscrimination provision in all public contracts. Every state or local contract or subcontract for construction of public buildings or for other public work or for goods or services must contain a provision that all hiring must be on the basis of merit and qualifications and a provision that there may not be discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract.
Mont. Code Ann. § 49-3-201 — MT Code / Title 49 / Chapter 3 / Part 2 / Section 49-3-201
49-3-201 Employment of state and local government personnel
Status: in_force

49-3-201 . Employment of state and local government personnel. (1) State and local government officials and supervisory personnel shall recruit, appoint, assign, train, evaluate, and promote personnel on the basis of merit and qualifications without regard to race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin.

(2) All state and local governmental agencies shall:

(a) promulgate written directives to carry out this policy and to guarantee equal employment opportunities at all levels of state and local government;

(b) regularly review their personnel practices to ensure compliance; and

(c) conduct continuing orientation and training programs with emphasis on human relations and fair employment practices.

(3) The department of administration shall ensure that the entire examination process, including appraisal of qualifications, is free from bias.

(4) Appointing authorities shall exercise care to ensure utilization of minority group persons.

(5) Compliance with 2-2-302 and 2-2-303 , which prohibit nepotism in public agencies, may not be construed as a violation of this section.

(6) For the purposes of this section, employment does not refer to or include services provided by an individual working under an independent contractor exemption certificate issued under 39-71-417 .
Mont. Code Ann. § 49-2-307 — MT Code / Title 49 / Chapter 2 / Part 3 / Section 49-2-307
49-2-307 Discrimination in education
Status: in_force

49-2-307 . Discrimination in education. (1) It is an unlawful discriminatory practice for an educational institution:

(a) to exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student in the terms, conditions, or privileges of the institution because of race, creed, religion, sex, marital status, color, age, physical disability, or national origin or because of mental disability, unless based on reasonable grounds;

(b) to make or use a written or oral inquiry or form of application for admission that elicits or attempts to elicit information or to make or keep a record concerning the race, color, sex, marital status, age, creed, religion, physical or mental disability, or national origin of an applicant for admission, except as permitted by regulations of the commission;

(c) to print, publish, or cause to be printed or published a catalog or other notice or advertisement indicating a limitation, specification, or discrimination based on the race, color, creed, religion, age, physical or mental disability, sex, marital status, or national origin of an applicant for admission; or

(d) to announce or follow a policy of denial or limitation of educational opportunities of a group or its members, through a quota or otherwise, because of race, color, sex, marital status, age, creed, religion, physical or mental disability, or national origin.

(2) For the purposes of this section, it is not an unlawful discriminatory practice for a student to:

(a) call another student by the student's legal name; or

(b) refer to another student by the student's sex.

(3) It is an unlawful discriminatory practice for an educational institution that operates, sponsors, or facilitates athletic programs or activities to permit a person whose sex is male to participate in an athletic program or activity that is designated for females.

(4) (a) It is an unlawful discriminatory practice for an educational institution to fail to provide an individual access to a restroom, locker room, shower area, or sleeping quarter that is not accessible by a person of the opposite sex while in use by the individual.

(b) This subsection (4) does not apply to a person who enters a restroom, locker room, shower area, or sleeping quarter designated for the opposite sex:

(i) for custodial or maintenance purposes;

(ii) to render medical assistance; or

(iii) during a natural disaster, emergency, or when necessary to prevent a serious threat to order or safety.

(c) Nothing in this subsection (4) may be construed to prohibit an educational institution from:

(i) adopting policies necessary to accommodate persons protected under the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq., young children in need of assistance, or elderly persons requiring aid;

(ii) establishing single-occupancy or family restrooms, locker rooms, shower areas, or sleeping quarters; or

(iii) redesignating a multi-occupancy restroom, locker room, shower area, or sleeping quarter from a designation for exclusive use by one sex to a designation for exclusive use by the opposite sex.
Mont. Code Ann. § 49-1-204 — MT Code / Title 49 / Chapter 1 / Part 2 / Section 49-1-204
49-1-204 Rights and duties of citizens of other states
Status: in_force

49-1-204 . Rights and duties of citizens of other states. A citizen of the United States who is not a citizen of this state has the same rights and duties as a citizen of this state not an elector.
Mont. Code Ann. § 49-2-312 — MT Code / Title 49 / Chapter 2 / Part 3 / Section 49-2-312
49-2-312 Discrimination based on vaccination status or possession of immunity passport prohibited -- definitions
Status: in_force

49-2-312 . Discrimination based on vaccination status or possession of immunity passport prohibited -- definitions. (1) Except as provided in subsection (2), it is an unlawful discriminatory practice for:

(a) a person or a governmental entity to refuse, withhold from, or deny to a person any local or state services, goods, facilities, advantages, privileges, licensing, educational opportunities, health care access, or employment opportunities based on the person's vaccination status or whether the person has an immunity passport;

(b) an employer to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment based on the person's vaccination status or whether the person has an immunity passport; or

(c) a public accommodation to exclude, limit, segregate, refuse to serve, or otherwise discriminate against a person based on the person's vaccination status or whether the person has an immunity passport.

(2) This section does not apply to vaccination requirements set forth for schools pursuant to Title 20, chapter 5, part 4, or day-care facilities pursuant to Title 52, chapter 2, part 7.

(3) (a) A person, governmental entity, or an employer does not unlawfully discriminate under this section if they recommend that an employee receive a vaccine.

(b) A health care facility, as defined in 50-5-101 , does not unlawfully discriminate under this section if it complies with both of the following:

(i) asks an employee to volunteer the employee's vaccination or immunization status for the purpose of determining whether the health care facility should implement reasonable accommodation measures to protect the safety and health of employees, patients, visitors, and other persons from communicable diseases. A health care facility may consider an employee to be nonvaccinated or nonimmune if the employee declines to provide the employee's vaccination or immunization status to the health care facility for purposes of determining whether reasonable accommodation measures should be implemented.

(ii) implements reasonable accommodation measures for employees, patients, visitors, and other persons who are not vaccinated or not immune to protect the safety and health of employees, patients, visitors, and other persons from communicable diseases.

(4) An individual may not be required to receive a vaccine whose use is allowed under an emergency use authorization or a vaccine undergoing safety trials.

(5) As used in this section, the following definitions apply:

(a) "Immunity passport" means a document, digital record, or software application indicating that a person is immune to a disease, either through vaccination or infection and recovery.

(b) "Vaccination status" means an indication of whether a person has received one or more doses of a vaccine.
Mont. Code Ann. § 49-1-303 — MT Code / Title 49 / Chapter 1 / Part 3 / Section 49-1-303
49-1-303 Protection against compelled speech
Status: in_force

49-1-303 . Protection against compelled speech. (1) A student may not be subject to a disciplinary action for declining to:

(a) identify the student's pronouns; or

(b) address a person by using a name other than the person's legal name or a derivative of the person's legal name or by using a pronoun or a title that is inconsistent with the person's sex.

(2) An employee, regardless of the scope of the employee's official duties, may not be subject to an adverse employment action for declining to:

(a) identify the employee's pronouns while acting within the scope of employment; or

(b) address a person by using a name other than the person's legal name or a derivative of the person's legal name or by using a pronoun or a title that is inconsistent with the person's sex.

(3) The state may not penalize or take an adverse action against a person because the person declines to:

(a) identify the person's pronouns; or

(b) address another person by using a name other than the other person's legal name or a derivative of the other person's legal name or by using a pronoun or a title that is inconsistent with the other person's sex.
Mont. Code Ann. § 49-2-306 — MT Code / Title 49 / Chapter 2 / Part 3 / Section 49-2-306
49-2-306 Discrimination in financing and credit transactions
Status: in_force

49-2-306 . Discrimination in financing and credit transactions. (1) It is an unlawful discriminatory practice for a financial institution, upon receiving an application for financial assistance, to permit an official or employee, during the execution of that person's duties, to discriminate against the applicant because of sex, marital status, race, creed, religion, age, physical or mental disability, color, or national origin in a term, condition, or privilege relating to the obtainment or use of the institution's financial assistance, unless based on reasonable grounds.

(2) It is an unlawful discriminatory practice for a creditor to discriminate on the basis of race, color, religion, creed, national origin, age, mental or physical disability, sex, or marital status against any person in any credit transaction that is subject to the jurisdiction of any state or federal court of record.
Mont. Code Ann. § 49-2-101 — MT Code / Title 49 / Chapter 2 / Part 1 / Section 49-2-101
49-2-101 Definitions
Status: in_force

49-2-101 . Definitions. As used in this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Age" means number of years since birth. It does not mean level of maturity or ability to handle responsibility. These latter criteria may represent legitimate considerations as reasonable grounds for discrimination without reference to age.

(2) "Aggrieved party" means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, and who has been or is likely to be specially and injuriously affected by a violation of this chapter.

(3) "Commission" means the commission for human rights provided for in 2-15-1706 .

(4) "Commissioner" means the commissioner of labor and industry provided for in 2-15-1701 .

(5) "Credit" means the right granted by a creditor to a person to defer payment of a debt, to incur debt and defer its payment, or to purchase property or services and defer payment. It includes without limitation the right to incur and defer debt that is secured by residential real property.

(6) "Credit transaction" means any invitation to apply for credit, application for credit, extension of credit, or credit sale.

(7) "Creditor" means a person who, regularly or as a part of the person's business, arranges for the extension of credit for which the payment of a financial charge or interest is required, whether in connection with loans, sale of property or services, or otherwise.

(8) "Department" means the department of labor and industry provided for in 2-15-1701 .

(9) "Educational institution" means a public or private institution and includes an academy; college; elementary or secondary school; extension course; kindergarten; nursery; school system; university; business, nursing, professional, secretarial, technical, or vocational school; or agent of an educational institution.

(10) (a) "Employee" means an individual employed by an employer.

(b) The term does not include an individual providing services for an employer if the individual has an independent contractor exemption certificate issued under 39-71-417 and is providing services under the terms of that certificate.

(11) "Employer" means an employer of one or more persons or an agent of the employer but does not include a fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for private profit or to provide accommodations or services that are available on a nonmembership basis.

(12) "Employment agency" means a person undertaking to procure employees or opportunities to work.

(13) "Financial institution" means a commercial bank, trust company, savings bank, finance company, savings and loan association, credit union, investment company, or insurance company.

(14) "Housing accommodation" means a building or portion of a building, whether constructed or to be constructed, that is or will be used as the sleeping quarters of its occupants.

(15) "Labor organization" means an organization or an agent of an organization organized for the purpose, in whole or in part, of collective bargaining, of dealing with employers concerning grievances or terms or conditions of employment, or of other mutual aid and protection of employees.

(16) "National origin" means ancestry.

(17) (a) "Organization" means a corporation, association, or any other legal or commercial entity that engages in advocacy of, enforcement of, or compliance with legal interests affected by this chapter.

(b) The term does not include a labor organization.

(18) "Person" means one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated employees' associations, employers, employment agencies, organizations, or labor organizations.

(19) (a) "Physical or mental disability" means:

(i) a physical or mental impairment that substantially limits one or more of a person's major life activities;

(ii) a record of such an impairment; or

(iii) a condition regarded as such an impairment.

(b) Discrimination based on, because of, on the basis of, or on the grounds of physical or mental disability includes the failure to make reasonable accommodations that are required by an otherwise qualified person who has a physical or mental disability. An accommodation that would require an undue hardship or that would endanger the health or safety of any person is not a reasonable accommodation.

(20) (a) "Public accommodation" means a place that caters or offers its services, goods, or facilities to the general public subject only to the conditions and limitations established by law and applicable to all persons. It includes without limitation a public inn, restaurant, eating house, hotel, roadhouse, place where food or alcoholic beverages or malt liquors are sold for consumption, motel, soda fountain, soft drink parlor, tavern, nightclub, trailer park, resort, campground, barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring salon or shop, bathroom, resthouse, theater, swimming pool, skating rink, golf course, cafe, ice cream parlor, transportation company, or hospital and all other public amusement and business establishments.

(b) Public accommodation does not include an institution, club, or place of accommodation that proves that it is by its nature distinctly private. An institution, club, or place of accommodation may not be considered by its nature distinctly private if it has more than 100 members, provides regular meal service, and regularly receives payment for dues, fees, use of space, facilities, services, meals, or beverages, directly or indirectly, from or on behalf of nonmembers, for the furtherance of trade or business. For the purposes of this subsection (20), any lodge of a recognized national fraternal organization is considered by its nature distinctly private.

(21) "Sex" has the meaning provided in 1-1-201 .
Mont. Code Ann. § 49-5-101 — MT Code / Title 49 / Chapter 5 / Part 1 / Section 49-5-101
49-5-101 Diversity statements prohibited -- exception
Status: in_force

49-5-101 . Diversity statements prohibited -- exception. (1) A state or local government agency may not require, request, solicit, or compel a person to provide a diversity statement.

(2) A state or local government agency may not grant any form of preferential consideration or treatment to a person who, with or without solicitation from the state or local government agency, provides a diversity statement.

(3) If federal law requires a state or local government agency to accept or require a diversity statement, then the state or local government agency:

(a) may accept the diversity statement only to the extent required under federal law; and

(b) shall limit consideration of the information contained in the diversity statement to the extent necessary to satisfy the requirement under federal law.

(4) Nothing in this section limits or prohibits a state or local government agency from establishing policies that are necessary to comply with state or federal law, including laws relating to prohibited discrimination and harassment.
Mont. Code Ann. § 49-3-102 — MT Code / Title 49 / Chapter 3 / Part 1 / Section 49-3-102
49-3-102 What local governmental units affected
Status: in_force

49-3-102 . What local governmental units affected. Local governmental units affected by this chapter include all political subdivisions of the state, including school districts.
Mont. Code Ann. § 49-4-211 — MT Code / Title 49 / Chapter 4 / Part 2 / Section 49-4-211
49-4-211 Right to use public places and accommodations
Status: in_force

49-4-211 . Right to use public places and accommodations. (1) The blind, the visually impaired, and the deaf have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.

(2) The blind, the visually impaired, and the deaf are entitled to full and equal accommodations, advantages, facilities, and all public accommodations, as defined in 49-2-101 , subject only to the conditions and limitations established by law and applicable alike to all persons.
Mont. Code Ann. § 49-4-203 — MT Code / Title 49 / Chapter 4 / Part 2 / Section 49-4-203
49-4-203 Definitions
Status: in_force

49-4-203 . Definitions. (1) "Housing accommodation" means any real property or portion of real property that is used or occupied or is intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or more human beings. The term does not include any single-family residence the occupants of which furnish for compensation not more than one room within the residence.

(2) "Service animal" means a dog or miniature horse individually trained to provide assistance to an individual with a disability. The term does not include an emotional support animal.
Mont. Code Ann. § 49-4-222 — MT Code / Title 49 / Chapter 4 / Part 2 / Section 49-4-222
49-4-222 Misrepresentation of a service animal -- misdemeanor -- penalty
Status: in_force

49-4-222 . Misrepresentation of a service animal -- misdemeanor -- penalty. (1) A person who misrepresents a service animal as provided in 49-4-221 may be found guilty of a misdemeanor if:

(a) the person was previously given a written warning regarding the fact that it is illegal to intentionally misrepresent a service animal; and

(b) the person continued to misrepresent the animal as a service animal in order to gain any of the rights or privileges afforded to a service animal.

(2) A person who violates subsection (1) shall be punished as follows:

(a) for a first offense, a fine of $50;

(b) for a second offense, a fine of not less than $75 or more than $200; and

(c) for a third or subsequent offense, a fine of not less than $100 or more than $1,000.

(3) In addition to the penalty provided in subsection (2), a person convicted of the offense of misrepresentation of a service animal under subsection (1) may be required to perform community service for an organization that advocates on the behalf of persons with disabilities.
Mont. Code Ann. § 49-2-512 — MT Code / Title 49 / Chapter 2 / Part 5 / Section 49-2-512
49-2-512 Filing in district court -- compliance with administrative procedures required
Status: in_force

49-2-512 . Filing in district court -- compliance with administrative procedures required. (1) The provisions of this chapter establish the exclusive remedy for acts constituting an alleged violation of chapter 3 or this chapter, including acts that may otherwise also constitute a violation of the discrimination provisions of Article II, section 4, of the Montana constitution or 49-1-102 . A claim or request for relief based upon the acts may not be entertained by a district court other than by the procedures specified in this chapter.

(2) In addition to dismissal under 49-2-501 (5) or 49-2-504 (7)(b), the department shall dismiss a complaint if:

(a) the charging party fails to keep the department advised of changes of address and the department finds that the failure has impeded the administrative proceedings; or

(b) a period of 12 months has elapsed from the filing of a complaint and neither the department nor the commission has held a hearing pursuant to 49-2-505 or an informal hearing pursuant to 49-2-511 . However, the department or the commission may refuse to dismiss a complaint under this subsection (2)(b) if:

(i) more than 30 days have elapsed since service of notice of hearing under 49-2-505 ;

(ii) the parties have stipulated to a reasonable extension of the timeframes; or

(iii) through litigation a party has unsuccessfully sought to prevent the department or the commission from conducting administrative proceedings on the complaint.

(3) Within 90 days after the department has issued a notice of dismissal pursuant to subsection (2), the charging party may commence a civil action for appropriate relief on the merits of the case in the district court in the district in which the alleged violation occurred. If the charging party fails to commence a civil action within 90 days after the dismissal has been issued, the claim is barred. The court may provide the same relief as described in 49-2-506 . In addition, the court may in its discretion allow the prevailing party reasonable attorney fees and costs.
Mont. Code Ann. § 49-3-205 — MT Code / Title 49 / Chapter 3 / Part 2 / Section 49-3-205
49-3-205 Governmental services
Status: in_force

49-3-205 . Governmental services. (1) All services of every state or local governmental agency must be performed without discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin.

(2) A state or local facility may not be used in the furtherance of any discriminatory practice, nor may a state or local governmental agency become a party to an agreement, arrangement, or plan that has the effect of sanctioning discriminatory practices.

(3) Each state or local governmental agency shall analyze all of its operations to ascertain possible instances of noncompliance with the policy of this chapter and shall initiate comprehensive programs to remedy any defect found to exist.

(4) This section does not prevent the nonarbitrary consideration in adoption proceedings of relevant information concerning the factors listed in this section.
Mont. Code Ann. § 49-2-308 — MT Code / Title 49 / Chapter 2 / Part 3 / Section 49-2-308
49-2-308 Discrimination by the state
Status: in_force

49-2-308 . Discrimination by the state. (1) It is an unlawful discriminatory practice for the state or any of its political subdivisions:

(a) to refuse, withhold from, or deny to a person any local, state, or federal funds, services, goods, facilities, advantages, or privileges because of race, creed, religion, sex, marital status, color, age, physical or mental disability, or national origin, unless based on reasonable grounds;

(b) to publish, circulate, issue, display, post, or mail a written or printed communication, notice, or advertisement which states or implies that any local, state, or federal funds, services, goods, facilities, advantages, or privileges of the office or agency will be refused, withheld from, or denied to a person of a certain race, creed, religion, sex, marital status, color, age, physical or mental disability, or national origin or that the patronage of a person of a particular race, creed, religion, sex, marital status, color, age, or national origin or possessing a physical or mental disability is unwelcome or not desired or solicited, unless based on reasonable grounds;

(c) to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of that person's political beliefs. However, this prohibition does not apply to policymaking positions on the immediate staff of an elected officer of the executive branch provided for in Article VI, section 1, of the Montana constitution, to the appointment by the governor of a director of a principal department provided for in Article VI, section 7, of the Montana constitution, or to the immediate staff of the majority and minority leadership of the Montana legislature.

(2) This section does not prevent the nonarbitrary consideration in adoption proceedings of relevant information concerning the factors listed in subsection (1).
Mont. Code Ann. § 49-1-101 — MT Code / Title 49 / Chapter 1 / Part 1 / Section 49-1-101
49-1-101 Right of protection from personal injury
Status: in_force

49-1-101 . Right of protection from personal injury. Besides the personal rights mentioned or recognized in other statutes and subject to the qualifications and restrictions provided by law, every person has the right of protection from bodily restraint or harm, personal insult, defamation, and injury to the person's personal relations.
Mont. Code Ann. § 49-2-601 — MT Code / Title 49 / Chapter 2 / Part 6 / Section 49-2-601
49-2-601 Criminal penalty
Status: in_force

49-2-601 . Criminal penalty. A person, educational institution, or financial institution, either public or private, or a governmental entity or agency who or which willfully engages in an unlawful discriminatory practice prohibited by this chapter or willfully resists, prevents, impedes, or interferes with the commission, the department, or any of its authorized representatives in the performance of a duty under this chapter or who or which willfully violates an order of the commission or willfully violates this chapter in any other manner is guilty of a misdemeanor and is punishable by a fine of not more than $500 or by imprisonment for not more than 6 months, or both.
Mont. Code Ann. § 49-4-302 — MT Code / Title 49 / Chapter 4 / Part 3 / Section 49-4-302
49-4-302 Privileges of permitholder -- privilege for disabled veteran -- exemptions from time limits -- requirements for accessible parking spaces
Status: reserved

49-4-302 . Privileges of permitholder -- privilege for disabled veteran -- exemptions from time limits -- requirements for accessible parking spaces. (1) The parking permit issued under this part, when displayed, entitles a person to park a motor vehicle in an accessible parking space designated for use by a person with a disability, whether on public property or on private property available for public use, when the person for whom the permit was issued is using the accessible parking space to enter or exit the vehicle.

(2) A vehicle or motorcycle may not stop, stand, or park within an accessible parking space designated for use by a person with a disability as provided in 49-4-304 unless:

(a) (i) the vehicle is lawfully displaying a disability parking permit issued under this part, a distinguishing license plate or placard for a person with a disability that was issued by a foreign jurisdiction conferring parking privileges similar to those conferred in subsection (1), or an inscribed license plate displaying the letters "DV" issued under 61-3-458 (4)(b) or (4)(i) or displaying a wheelchair as provided in 61-3-332 (9); and

(ii) the designated accessible parking space is being used by the person for whom the permit, plate, or placard was issued to enter or exit the vehicle; or

(b) the vehicle is being used to transport a person with a disability and is temporarily stopping, standing, or parking in an accessible parking space designated for use by a person with a disability as provided in 49-4-304 only for the purpose of loading or unloading the person with a disability.

(3) A vehicle or motorcycle may not stop, stand, or park within an access aisle designated for use by a person with a disability as provided in 49-4-304 , regardless of whether a vehicle is lawfully displaying a disability parking permit issued under this part, a distinguishing license plate, or a placard for a person with a disability that was issued by a foreign jurisdiction conferring parking privileges similar to those conferred in subsection (1), or an inscribed license plate displaying the letters "DV" issued under 61-3-458 (4)(b) or (4)(i) or displaying a wheelchair as provided in 61-3-332 (9).

(4) Notice of the penalty for violation of this part is not required at the site of an accessible parking space.

(5) The governing body of a city, town, or county may exempt vehicles lawfully displaying a disability parking permit issued under this part and vehicles lawfully displaying inscribed license plates displaying the letters "DV" issued under 61-3-458 (4)(b) or (4)(i) or displaying a wheelchair as provided in 61-3-332 (9) and parked in public places along public streets from any time limitation imposed upon parking, except in areas where:

(a) stopping, standing, or parking of all vehicles is prohibited;

(b) only special vehicles may be parked; or

(c) parking is not allowed during specific periods of the day in order to accommodate heavy traffic.

(6) (a) In accordance with subsection (2), the governing body of a city, town, or county or appropriate state agency shall impose all, but not less than all, of the applicable requirements set forth in 28 CFR 36 as of February 10, 2021, with respect to any accessible parking space constructed after September 30, 1985, and reserved for a person with a disability or a permitholder on ways of this state open to the public, as defined in 61-8-102 , or in the right-of-way, as defined in 60-1-103 .

(b) In addition to requirements imposed under subsection (6)(a), an accessible parking space must be maintained and be free of any obstructions, including but not limited to snow, shipping pallets, and shopping carts. However, no person or business may be cited for violation of this subsection (6)(b) without an initial warning providing a reasonable amount of time to clear an obstruction.
Mont. Code Ann. § 49-1-203 — MT Code / Title 49 / Chapter 1 / Part 2 / Section 49-1-203
49-1-203 Rights and duties of electors as compared to nonelectors
Status: in_force

49-1-203 . Rights and duties of electors as compared to nonelectors. An elector has no rights or duties beyond those of a citizen not an elector, except the right and duty of holding and electing to office.
Mont. Code Ann. § 49-4-212 — MT Code / Title 49 / Chapter 4 / Part 2 / Section 49-4-212
49-4-212 Access to housing accommodations
Status: in_force

49-4-212 . Access to housing accommodations. Blind, visually impaired, and deaf persons are entitled to as full and equal access as other members of the general public to any housing accommodation offered for compensation in this state.
Mont. Code Ann. § 49-4-303 — MT Code / Title 49 / Chapter 4 / Part 3 / Section 49-4-303
49-4-303 Issuance of interim disability parking permit
Status: in_force

49-4-303 . Issuance of interim disability parking permit. A certified physician, chiropractor, or advanced practice registered nurse may issue an interim disability parking permit, in a form authorized by the department, to a person who has a disability that limits or impairs the person's mobility and upon whose behalf the physician, chiropractor, or advanced practice registered nurse has submitted a request for a disability parking permit under 49-4-301 . The interim disability parking permit is valid only in Montana, may not be renewed or extended, and expires 5 days from the date of issuance.
Mont. Code Ann. § 49-1-301 — MT Code / Title 49 / Chapter 1 / Part 3 / Section 49-1-301
49-1-301 Short title
Status: in_force

49-1-301 . Short title. This part may be cited as the "Free to Speak Act".
Mont. Code Ann. § 49-3-315 — MT Code / Title 49 / Chapter 3 / Part 3 / Section 49-3-315
49-3-315 Enforcement and remedies
Status: in_force

49-3-315 . Enforcement and remedies. The procedures set forth in chapter 2, part 5, apply to complaints alleging a violation of this chapter.
Mont. Code Ann. § 49-4-507 — MT Code / Title 49 / Chapter 4 / Part 5 / Section 49-4-507
49-4-507 Coordination of interpreter requests
Status: in_force

49-4-507 . Coordination of interpreter requests. (1) Whenever an appointing authority is required to appoint an interpreter, the authority shall request the department of public health and human services to furnish the authority with a list of qualified interpreters. If the choice of qualified interpreters does not meet the needs or wishes of the deaf person, the appointing authority shall appoint another qualified interpreter.

(2) The Montana association of the deaf and the Montana registry of interpreters for the deaf shall provide the department of public health and human services with a list of qualified and available interpreters.

(3) The only function of the department of public health and human services is to maintain the list referred to in subsection (2).
Mont. Code Ann. § 49-2-203 — MT Code / Title 49 / Chapter 2 / Part 2 / Section 49-2-203
49-2-203 Subpoena power of department and commissioner
Status: in_force

49-2-203 . Subpoena power of department and commissioner. (1) The department may issue subpoenas, take the testimony of any person under oath, administer oaths, and require for the purpose of examination the production of books, papers, or other tangible evidence relating to a complaint of discrimination filed under this chapter.

(2) The department's staff may request that a subpoena relating to a matter under investigation be issued by the commissioner or the commissioner's authorized representative. The authorized representative may not be involved in enforcement of human rights. The commissioner may subpoena witnesses, take testimony under oath, administer oaths, and require the production of books, papers, or other tangible evidence for examination relating to the matter under investigation.

(3) Subpoenas issued pursuant to this section may be enforced as provided in 2-4-104 of the Montana Administrative Procedure Act.
Mont. Code Ann. § 49-2-303 — MT Code / Title 49 / Chapter 2 / Part 3 / Section 49-2-303
49-2-303 Discrimination in employment
Status: in_force

49-2-303 . Discrimination in employment. (1) It is an unlawful discriminatory practice for:

(a) an employer to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, creed, religion, color, or national origin or because of age, physical or mental disability, marital status, or sex when the reasonable demands of the position do not require an age, physical or mental disability, marital status, or sex distinction;

(b) a labor organization or joint labor management committee controlling apprenticeship to exclude or expel any person from its membership or from an apprenticeship or training program or to discriminate in any way against a member of or an applicant to the labor organization or an employer or employee because of race, creed, religion, color, or national origin or because of age, physical or mental disability, marital status, or sex when the reasonable demands of the program do not require an age, physical or mental disability, marital status, or sex distinction;

(c) an employer or employment agency to print or circulate or cause to be printed or circulated a statement, advertisement, or publication or to use an employment application that expresses, directly or indirectly, a limitation, specification, or discrimination as to sex, marital status, age, physical or mental disability, race, creed, religion, color, or national origin or an intent to make the limitation, unless based upon a bona fide occupational qualification;

(d) an employment agency to fail or refuse to refer for employment, to classify, or otherwise to discriminate against any individual because of sex, marital status, age, physical or mental disability, race, creed, religion, color, or national origin, unless based upon a bona fide occupational qualification.

(2) The exceptions permitted in subsection (1) based on bona fide occupational qualifications must be strictly construed.

(3) Compliance with 2-2-302 and 2-2-303 , which prohibit nepotism in public agencies, may not be construed as a violation of this section.

(4) The application of a hiring preference, as provided for in 2-18-111 and 18-1-110 , may not be construed to be a violation of this section.

(5) It is not a violation of the prohibition against marital status discrimination in this section:

(a) for an employer or labor organization to provide greater or additional contributions to a bona fide group insurance plan for employees with dependents than to those employees without dependents or with fewer dependents; or

(b) for an employer to employ or offer to employ a person who is qualified for the position and to also employ or offer to employ the person's spouse.

(6) The provisions of this chapter do not apply to a business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of the business or enterprise required by a contract or other agreement under which preferential treatment may be given to an individual based on the individual's status as an Indian living on or near a reservation.
Mont. Code Ann. § 49-4-307 — MT Code / Title 49 / Chapter 4 / Part 3 / Section 49-4-307
49-4-307 Penalties
Status: in_force

49-4-307 . Penalties. (1) (a) Except as provided in subsection (1)(b), a person who parks a motor vehicle or motorcycle in violation of 49-4-302 (2) or (3) shall be fined:

(i) for a first violation, not less than $150 or more than $250; and

(ii) for a second or subsequent violation, not less than $250 or more than $500.

(b) A person who violates 49-4-302 (2) or (3) may not be fined if within 3 business days the person produces a disability parking permit that was previously issued to the person and that was valid at the time of the parking violation.

(2) If the operator was not with the motor vehicle at the time of the violation, the registered owner of the motor vehicle is personally responsible. A defense that the motor vehicle was parked in violation of 49-4-302 (2) or (3) by a person other than the registered owner is not allowed unless it is shown that the motor vehicle was being used at the time without the consent of the registered owner.

(3) A person who provides false information in order to acquire or who assists an unqualified person in acquiring a disability license plate issued under 61-3-458 (4)(b) or (4)(i), a license plate displaying a wheelchair as provided in 61-3-332 (9), or a disability parking placard issued under this part or a person who abuses the privileges granted by this part is guilty of a misdemeanor punishable by a fine of not less than $300 or by community service not to exceed 10 hours dedicated to improving access for persons with disabilities, or both.

(4) A sworn law enforcement official in the state or an officer who is authorized by a municipality may enter any parking space, parking lot, or parking facility on the ways of this state open to the public as defined in 61-8-101 or in a public right-of-way as defined in 60-1-103 to enforce the provisions of 49-4-302 (2) or (3) with respect to accessible parking for a person with a disability.
Mont. Code Ann. § 49-3-204 — MT Code / Title 49 / Chapter 3 / Part 2 / Section 49-3-204
49-3-204 Licensing
Status: in_force

49-3-204 . Licensing. (1) A state or local governmental agency may not grant, deny, or revoke the license or charter of a person on the grounds of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin. Each state or local governmental agency shall take appropriate action in the exercise of its licensing or regulatory power as will assure equal treatment of all persons, eliminate discrimination, and enforce compliance with the policy of this chapter. This subsection does not prevent the department of public health and human services from licensing a child-placing agency that gives nonarbitrary consideration in adoption proceedings to relevant information concerning the factors listed in this subsection. Consideration of religious factors by a licensed child-placing agency that is affiliated with a particular religious faith is not arbitrary consideration of religion within the meaning of this section.

(2) The state may not issue or renew a license under Title 16, chapter 4, to an applicant or licensee that excludes from its membership or from its goods, services, facilities, privileges, or advantages any individual on the grounds of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin. This subsection does not apply to any lodge of a recognized national fraternal organization.
Mont. Code Ann. § 49-2-310 — MT Code / Title 49 / Chapter 2 / Part 3 / Section 49-2-310
49-2-310 Maternity leave -- unlawful acts of employers
Status: in_force

49-2-310 . Maternity leave -- unlawful acts of employers. It is unlawful for an employer or an employer's agent to:

(1) terminate a woman's employment because of the woman's pregnancy;

(2) refuse to grant to the employee a reasonable leave of absence for the pregnancy;

(3) deny to the employee who is disabled as a result of pregnancy any compensation to which the employee is entitled as a result of the accumulation of disability or leave benefits accrued pursuant to plans maintained by the employer, provided that the employer may require disability as a result of pregnancy to be verified by medical certification that the employee is not able to perform employment duties; or

(4) require that an employee take a mandatory maternity leave for an unreasonable length of time.
Mont. Code Ann. § 49-1-302 — MT Code / Title 49 / Chapter 1 / Part 3 / Section 49-1-302
49-1-302 Definitions
Status: in_force

49-1-302 . Definitions. As used in this part, the following definitions apply:

(1) "Employee" means an individual who is employed or contracted by a public school or the state.

(2) "Noncharter public school" has the meaning provided in 20-6-803 .

(3) "Person" has the meaning provided in 1-1-201 .

(4) "Public charter school" has the meaning provided in 20-6-803 .

(5) (a) "Public school" means a noncharter public school, a public charter school, or a public institution of higher education.

(b) The term does not include a nonpublic school or home school as described in 20-5-102 (2)(e).

(6) "Sex" has the meaning provided in 1-1-201 .

(7) "State" means the state of Montana or a county, municipality, board, commission, department, institution, or special district, or a subdivision or agency of the state of Montana or a county, municipality, board, commission, department, institution, or special district.

(8) "Student" means an individual who is enrolled in a public school on a full-time or part-time basis.
Mont. Code Ann. § 49-4-217 — MT Code / Title 49 / Chapter 4 / Part 2 / Section 49-4-217
49-4-217 Penalty for violation of duty or unauthorized use of cane
Status: in_force

49-4-217 . Penalty for violation of duty or unauthorized use of cane. Any person other than a person wholly or partially blind who shall carry a cane or walking stick such as is described in this part, contrary to the provisions of this part, or who shall fail to heed the approach of a person carrying such a cane as is described by this part or who shall fail to come to a full stop when approaching or coming in contact with a person so carrying such a cane or walking stick or being led by a trained guide dog or who shall fail to take precaution against accidents or injury to such person after coming to a stop, as provided for herein, is guilty of a misdemeanor punishable by a fine not to exceed $25.
Mont. Code Ann. § 49-1-208 — MT Code / Title 49 / Chapter 1 / Part 2 / Section 49-1-208
49-1-208 Short title
Status: in_force

49-1-208 . Short title. Sections 49-1-208 through 49-1-210 may be cited as the "Gun Owners Access to Justice Act".
Mont. Code Ann. § 49-1-102 — MT Code / Title 49 / Chapter 1 / Part 1 / Section 49-1-102
49-1-102 Freedom from discrimination
Status: in_force

49-1-102 . Freedom from discrimination. (1) The right to be free from discrimination because of race, creed, religion, color, sex, as defined in 1-1-201 , physical or mental disability, age, or national origin is recognized as and declared to be a civil right. This right must include but not be limited to:

(a) the right to obtain and hold employment without discrimination; and

(b) the right to the full enjoyment of any of the accommodation facilities or privileges of any place of public resort, accommodation, assemblage, or amusement.

(2) This section does not prevent the nonarbitrary consideration in adoption proceedings of relevant information concerning the factors listed in subsection (1). Consideration of religious factors by a licensed child-placing agency that is affiliated with a particular religious faith is not arbitrary consideration of religion within the meaning of this section.
Mont. Code Ann. § 49-2-311 — MT Code / Title 49 / Chapter 2 / Part 3 / Section 49-2-311
49-2-311 Reinstatement to job following pregnancy-related leave of absence
Status: in_force

49-2-311 . Reinstatement to job following pregnancy-related leave of absence. Upon signifying an intent to return at the end of a pregnancy-related leave of absence, the employee must be reinstated to the employee's original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other service credits unless, in the case of a private employer, the employer's circumstances have so changed as to make it impossible or unreasonable to do so.
Mont. Code Ann. § 49-3-104 — MT Code / Title 49 / Chapter 3 / Part 1 / Section 49-3-104
49-3-104 Quotas not required
Status: in_force

49-3-104 . Quotas not required. Nothing in this chapter shall be construed as requiring the institution of a system of quotas for representation of any sex, age, religious, racial, ethnic, or other group affected by this chapter.
Mont. Code Ann. § 49-2-404 — MT Code / Title 49 / Chapter 2 / Part 4 / Section 49-2-404
49-2-404 Distinctions permitted for modesty or privacy
Status: in_force

49-2-404 . Distinctions permitted for modesty or privacy. Separate lavatory, bathing, or dressing facilities based on the distinction of sex may be maintained for the purpose of modesty or privacy.
Mont. Code Ann. § 49-2-102 — MT Code / Title 49 / Chapter 2 / Part 1 / Section 49-2-102
49-2-102 Records to be kept
Status: in_force

49-2-102 . Records to be kept. The state, employers, labor organizations, and employment agencies shall maintain records on age, sex, and race that are required to administer the civil rights laws and regulations. These records are confidential and available only to federal and state personnel legally charged with administering civil rights laws and regulations. However, statistical information compiled from records on age, sex, and race shall be made available to the general public.
Mont. Code Ann. § 49-4-221 — MT Code / Title 49 / Chapter 4 / Part 2 / Section 49-4-221
49-4-221 Misrepresentation of a service animal -- complaint -- investigation
Status: in_force

49-4-221 . Misrepresentation of a service animal -- complaint -- investigation. (1) If a person knowingly and willfully represents that an animal is a trained service animal by fitting the animal with a leash, collar, cape, harness, backpack, or sign that identifies the animal as a service animal or claims verbally or in writing that the animal is a service animal in order to access the places and accommodations mentioned in 49-4-211 with the animal and it is found that the animal is not properly trained to provide services required of a service animal, the person may be asked to remove the animal from a place or accommodation as mentioned in 49-4-211 and local law enforcement may be called to investigate.

(2) An animal may be determined to lack the proper training required of a service animal if the animal is not housebroken or the animal is not under the control of the handler and the animal's handler does not take effective action to control the animal.

(3) (a) A representative of a place or accommodation mentioned in 49-4-211 who suspects that an animal is being misrepresented as a service animal to gain entry to the place or accommodation may file a complaint with local law enforcement. The complaint must be written and must state the particulars of the alleged misrepresentation.

(b) A representative may not file a complaint unless the place or accommodation has posted conspicuous public notice that the place or accommodation:

(i) does not allow animals other than service animals; and

(ii) reserves the right to file complaints alleging the misrepresentation of service animals under this section.

(c) The notice required in subsection (3)(b) may include notice of the questions allowed under 49-4-214 (5)(b) and that the animal must be housebroken and under the handler's control.

(4) If local law enforcement is called to investigate as provided in subsection (1), written results of the investigation must be provided to the place or accommodation where the instance occurred and to the handler of the animal in question.
Mont. Code Ann. § 49-4-305 — MT Code / Title 49 / Chapter 4 / Part 3 / Section 49-4-305
49-4-305 Expiration of permit
Status: in_force

49-4-305 . Expiration of permit. (1) Except as provided in 49-4-303 and subsection (2) of this section, a disability parking permit expires on the occurrence of either of the following:

(a) 5 years from the date of issuance, unless the permit was issued to a person who has a condition expected to improve within 6 months. A person may renew a permit if a licensed physician, a licensed chiropractor, or a licensed advanced practice registered nurse, as provided in 37-8-202 , certifies that the person's mobility disability still exists and that one of the criteria specified in 49-4-301 continues to be met.

(b) certification by a licensed physician, a licensed chiropractor, or a licensed advanced practice registered nurse that the person's mobility disability no longer exists or that the criteria specified in 49-4-301 can no longer be met.

(2) A permit issued before October 1, 1993, expires on the earlier of:

(a) the death of the permittee;

(b) certification by a licensed physician, a licensed chiropractor, or a licensed advanced practice registered nurse that the person's mobility disability no longer exists or that the criteria specified in 49-4-301 can no longer be met; or

(c) October 1, 2022.
Mont. Code Ann. § 49-4-215 — MT Code / Title 49 / Chapter 4 / Part 2 / Section 49-4-215
49-4-215 Penalty for violating rights
Status: in_force

49-4-215 . Penalty for violating rights. Any person, firm, or corporation or the agent of any person, firm, or corporation who denies or interferes with admittance to or enjoyment of the public facilities enumerated in 49-4-211 or otherwise interferes with the rights of a totally or partially blind, deaf, or otherwise disabled person under 49-4-211 is guilty of a misdemeanor.
Mont. Code Ann. § 49-3-202 — MT Code / Title 49 / Chapter 3 / Part 2 / Section 49-3-202
49-3-202 Employment referrals and placement services
Status: in_force

49-3-202 . Employment referrals and placement services. (1) All state and local governmental agencies, including educational institutions, that provide employment referrals or placement services to public or private employers shall accept job orders on a fair practice basis. A job request indicating an intention to exclude a person because of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin must be rejected.

(2) All state and local governmental agencies shall cooperate in programs developed by the commission for human rights for the purpose of broadening the base of job recruitment and shall further cooperate with employers and unions providing the programs.

(3) The department of labor and industry shall cooperate with the commission for human rights in encouraging and enforcing compliance by employers and labor unions with the policy of this chapter and promotion of equal employment opportunities.
Mont. Code Ann. § 49-2-205 — MT Code / Title 49 / Chapter 2 / Part 2 / Section 49-2-205
49-2-205 Purpose
Status: in_force

49-2-205 . Purpose. It is the intent of the legislature that the commission sit in independent judgment of complaints of alleged discrimination in Montana and that the staff operate under the direction and control of the commissioner. The staff is not independent of the commissioner. It is the intent of the legislature that the commission and the department not favor, directly or indirectly, complainants or respondents with procedural or substantive matters of discrimination in Montana. The commission and the department shall maintain the highest standards of objectivity and impartiality when judging cases asserting alleged discrimination in Montana. It is not the intent of the legislature that the department be prohibited from dismissing matters, from referring matters to other agencies following an initial inquiry and interview, or from reaching a decision in an investigation or contested case hearing.
Mont. Code Ann. § 49-4-505 — MT Code / Title 49 / Chapter 4 / Part 5 / Section 49-4-505
49-4-505 Intermediary interpreter to be used
Status: in_force

49-4-505 . Intermediary interpreter to be used. If a qualified interpreter states that the interpreter is unable to render a satisfactory interpretation and that an intermediary interpreter will improve the quality of interpretation, the appointing authority shall appoint an intermediary interpreter to assist the qualified interpreter subject to the same provisions that govern a qualified interpreter under this part.
Mont. Code Ann. § 49-3-209 — MT Code / Title 49 / Chapter 3 / Part 2 / Section 49-3-209
49-3-209 Retaliation prohibited
Status: in_force

49-3-209 . Retaliation prohibited. It is an unlawful discriminatory practice for a state or local governmental agency to discharge, expel, blacklist, or otherwise discriminate against an individual because the individual has opposed any practices forbidden under this chapter or because the individual has filed a complaint, testified, assisted, or participated in any manner in an investigation or proceeding under this chapter.
Mont. Code Ann. § 49-2-501 — MT Code / Title 49 / Chapter 2 / Part 5 / Section 49-2-501
49-2-501 Filing complaints
Status: in_force

49-2-501 . Filing complaints. (1) A person claiming to be aggrieved by any discriminatory practice prohibited by this chapter may file a complaint with the department.

(2) A complaint may be filed on behalf of a person charging unlawful discrimination prohibited by this chapter if the person acting on behalf of the charging party is the charging party's guardian, attorney, or duly authorized representative or an advocacy group, labor organization, or other organization acting as an authorized representative.

(3) The complaint must be written and verified and must state the name and address of the party alleged to have engaged in the discriminatory practice and the particulars of the alleged discriminatory practice.

(4) (a) Except as provided in 49-2-510 and subsection (4)(b) of this section, a complaint under this chapter must be filed with the department within 180 days after the alleged unlawful discriminatory practice occurred or was discovered.

(b) If the charging party has initiated efforts to resolve the dispute underlying the complaint by filing a grievance in accordance with any grievance procedure established by a collective bargaining agreement, contract, or written rule or policy, the complaint may be filed within 180 days after the conclusion of the grievance procedure if the grievance procedure concludes within 120 days after the alleged unlawful discriminatory practice occurred or was discovered. If the grievance procedure does not conclude within 120 days, the complaint must be filed within 300 days after the alleged unlawful discriminatory practice occurred or was discovered.

(5) If the department determines that the complaint is untimely, it shall dismiss the complaint on a finding of no reasonable cause. A charging party may file objections to the dismissal with the commission pursuant to 49-2-511 .
Mont. Code Ann. § 49-4-509 — MT Code / Title 49 / Chapter 4 / Part 5 / Section 49-4-509
49-4-509 Compensation
Status: in_force

49-4-509 . Compensation. An interpreter appointed to interpret for the deaf is entitled to receive a reasonable fee for the interpreter's services, together with actual expenses for travel and transportation. The appointing authority shall set the fee. When the interpreter is appointed in a criminal proceeding in a district court, the fee must be paid by the office of court administrator in accordance with judicial branch policy, and when the interpreter is otherwise appointed, the fees must be paid out of funds available to the appointing authority.
Mont. Code Ann. § 49-4-506 — MT Code / Title 49 / Chapter 4 / Part 5 / Section 49-4-506
49-4-506 Interpreter in full view
Status: in_force

49-4-506 . Interpreter in full view. In any action or proceeding in which an interpreter is required to be appointed, the court or administrative authority may not commence proceedings until the appointed interpreter is in full view of and spatially situated to assure proper communication with the deaf person or persons involved as participants.
Mont. Code Ann. § 49-3-206 — MT Code / Title 49 / Chapter 3 / Part 2 / Section 49-3-206
49-3-206 Distribution of governmental funds
Status: in_force

49-3-206 . Distribution of governmental funds. Race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin may not be considered as limiting factors with regard to applicants' qualifications for benefits authorized by law in state or locally administered programs involving the distribution of funds; nor may state agencies provide grants, loans, or other financial assistance to public agencies, private institutions, or organizations which engage in discriminatory practices.
Mont. Code Ann. § 49-2-402 — MT Code / Title 49 / Chapter 2 / Part 4 / Section 49-2-402
49-2-402 "Reasonable" to be strictly construed
Status: in_force

49-2-402 . "Reasonable" to be strictly construed. Any grounds urged as a "reasonable" basis for an exemption under any section of this chapter shall be strictly construed.
Mont. Code Ann. § 49-5-102 — MT Code / Title 49 / Chapter 5 / Part 1 / Section 49-5-102
49-5-102 Definitions
Status: in_force

49-5-102 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Diversity statement" means a submission, statement, or document that promotes or is intended to promote differential treatment based on an individual's race, color, ethnicity, sex, sexual orientation, national origin, religion, or gender identity.

(2) "State or local government agency" means:

(a) any branch, department, office, board, bureau, commission, agency, university unit, college, or other instrumentality of state government; or

(b) a county, city, town, school district, or other unit of local government and any instrumentality of local government.