reglab/housing_qa huggingface dataset:
MT Code § 49-2-506 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 2. Illegal Discrimination|Part 5. Enforcement|49-2-506. Procedure upon decision finding discrimination

  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.   History: En. 64-309 by Sec. 6, Ch. 283, L. 1974; amd. Sec. 7, Ch. 524, L. 1975; R.C.M. 1947, 64-309(1), (2), (4); amd. Sec. 10, Ch. 177, L. 1979; amd. Sec. 5, Ch. 801, L. 1991; amd. Sec. 11, Ch. 467, L. 1997; amd. Sec. 5, Ch. 28, L. 2007.
MT Code § 49-2-507 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 2. Illegal Discrimination|Part 5. Enforcement|49-2-507. Repealed

  49-2-507. Repealed. Sec. 10, Ch. 28, L. 2007.   History: En. 64-309 by Sec. 6, Ch. 283, L. 1974; amd. Sec. 7, Ch. 524, L. 1975; R.C.M. 1947, 64-309(3); amd. Sec. 11, Ch. 177, L. 1979.
MT Code § 49-2-508 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 2. Illegal Discrimination|Part 5. Enforcement|49-2-508. Enforcement of commission or department order or conciliation agreement

  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.   History: En. 64-310 by Sec. 7, Ch. 283, L. 1974; amd. Sec. 8, Ch. 524, L. 1975; R.C.M. 1947, 64-310; amd. Sec. 1, Ch. 539, L. 1985; amd. Sec. 12, Ch. 467, L. 1997; amd. Sec. 7, Ch. 28, L. 2007.
MT Code § 49-2-509 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 2. Illegal Discrimination|Part 5. Enforcement|49-2-509. Repealed

  49-2-509. Repealed. Sec. 10, Ch. 28, L. 2007.   History: En. Sec. 1, Ch. 505, L. 1983; amd. Sec. 1, Ch. 511, L. 1987; amd. Sec. 6, Ch. 801, L. 1991; amd. Sec. 13, Ch. 467, L. 1997.
MT Code § 49-2-511 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 2. Illegal Discrimination|Part 5. Enforcement|49-2-511. Dismissal after informal proceedings -- filing of objections -- procedures -- action in district court

  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.   History: En. Sec. 6, Ch. 28, L. 2007.
MT Code § 49-2-512 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 2. Illegal Discrimination|Part 5. Enforcement|49-2-512. Filing in district court -- compliance with administrative procedures required

  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.   History: En. Sec. 8, Ch. 28, L. 2007.
MT Code § 49-2-601 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 2. Illegal Discrimination|Part 6. Penalties|49-2-601. Criminal penalty

  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.   History: En. 64-312 by Sec. 9, Ch. 283, L. 1974; amd. Sec. 10, Ch. 524, L. 1975; R.C.M. 1947, 64-312(3); amd. Sec. 12, Ch. 177, L. 1979.
MT Code § 49-2-602 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 2. Illegal Discrimination|Part 6. Penalties|49-2-602. Intimidation or interference in right to be free from housing discrimination -- penalties

  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.   History: En. Sec. 9, Ch. 801, L. 1991; amd. Sec. 10, Ch. 407, L. 1993.
MT Code § 49-3-101 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 3. Governmental Code of Fair Practices|Part 1. General Provisions|49-3-101. Definitions

  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) "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.   (5) "Qualifications" means qualifications that are genuinely related to competent performance of the particular occupational task.   History: (1)En. 64-316 by Sec. 1, Ch. 487, L. 1975; Sec. 64-316, R.C.M. 1947; (2)En. 64-319 by Sec. 4, Ch. 487, L. 1975; amd. Sec. 11, Ch. 38, L. 1977; Sec. 64-319, R.C.M. 1947; R.C.M. 1947, 64-316, 64-319(part); amd. Sec. 13, Ch. 177, L. 1979; amd. Sec. 1, Ch. 540, L. 1983; amd. Sec. 2, Ch. 241, L. 1991; amd. Sec. 11, Ch. 407, L. 1993.
MT Code § 49-3-102 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 3. Governmental Code of Fair Practices|Part 1. General Provisions|49-3-102. What local governmental units affected

  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.   History: En. 64-327 by Sec. 12, Ch. 487, L. 1975; R.C.M. 1947, 64-327.
MT Code § 49-3-103 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 3. Governmental Code of Fair Practices|Part 1. General Provisions|49-3-103. Permitted distinctions

  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.   History: En. 64-328 by Sec. 13, Ch. 487, L. 1975; R.C.M. 1947, 64-328; amd. Sec. 2, Ch. 279, L. 1983; (2) En. Sec. 13, Ch. 1, Sp. L. 1983; amd. Sec. 16, Ch. 646, L. 1989; amd. Sec. 5, Ch. 506, L. 1991; amd. Sec. 6, Ch. 13, L. 1993; amd. Sec. 12, Ch. 407, L. 1993.
MT Code § 49-3-104 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 3. Governmental Code of Fair Practices|Part 1. General Provisions|49-3-104. Quotas not required

  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.   History: En. 64-330 by Sec. 15, Ch. 487, L. 1975; R.C.M. 1947, 64-330.
MT Code § 49-3-105 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 3. Governmental Code of Fair Practices|Part 1. General Provisions|49-3-105. Repealed

  49-3-105. Repealed. Sec. 11, Ch. 801, L. 1991.   History: En. Sec. 4, Ch. 540, L. 1983.
MT Code § 49-3-106 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 3. Governmental Code of Fair Practices|Part 1. General Provisions|49-3-106. Rulemaking authority

  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.   History: En. Sec. 2, Ch. 540, L. 1983; amd. Sec. 7, Ch. 801, L. 1991.
MT Code § 49-3-201 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 3. Governmental Code of Fair Practices|Part 2. Duties of Governmental Agencies and Officials|49-3-201. Employment of state and local government personnel

  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.   History: En. 64-317 by Sec. 2, Ch. 487, L. 1975; amd. Sec. 9, Ch. 38, L. 1977; R.C.M. 1947, 64-317; amd. Sec. 14, Ch. 177, L. 1979; amd. Sec. 3, Ch. 342, L. 1985; amd. Sec. 13, Ch. 407, L. 1993; amd. Sec. 2, Ch. 201, L. 2011.
MT Code § 49-3-202 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 3. Governmental Code of Fair Practices|Part 2. Duties of Governmental Agencies and Officials|49-3-202. Employment referrals and placement services

  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.   History: En. 64-320 by Sec. 5, Ch. 487, L. 1975; amd. Sec. 12, Ch. 38, L. 1977; R.C.M. 1947, 64-320; amd. Sec. 14, Ch. 407, L. 1993.
MT Code § 49-3-203 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 3. Governmental Code of Fair Practices|Part 2. Duties of Governmental Agencies and Officials|49-3-203. Educational, counseling, and training programs

  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.   History: En. 64-323 by Sec. 8, Ch. 487, L. 1975; amd. Sec. 14, Ch. 38, L. 1977; R.C.M. 1947, 64-323; amd. Sec. 15, Ch. 177, L. 1979; amd. Sec. 15, Ch. 407, L. 1993.
MT Code § 49-3-204 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 3. Governmental Code of Fair Practices|Part 2. Duties of Governmental Agencies and Officials|49-3-204. Licensing

  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.   History: En. 64-321 by Sec. 6, Ch. 487, L. 1975; amd. Sec. 13, Ch. 38, L. 1977; R.C.M. 1947, 64-321; amd. Sec. 16, Ch. 177, L. 1979; amd. Sec. 3, Ch. 543, L. 1989; amd. Sec. 4, Ch. 682, L. 1991; amd. Sec. 16, Ch. 407, L. 1993; amd. Sec. 235, Ch. 546, L. 1995.
MT Code § 49-3-205 (2021)
2021 Montana Code Annotated|Title 49. Human Rights|Chapter 3. Governmental Code of Fair Practices|Part 2. Duties of Governmental Agencies and Officials|49-3-205. Governmental services

  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.   History: En. 64-318 by Sec. 3, Ch. 487, L. 1975; amd. Sec. 10, Ch. 38, L. 1977; R.C.M. 1947, 64-318; amd. Sec. 17, Ch. 177, L. 1979; amd. Sec. 5, Ch. 682, L. 1991; amd. Sec. 17, Ch. 407, L. 1993.