reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 47. Access to Legal Services › Chapter 1. Statewide Public Defender System › Part 2. Public Defender Services › 47-1-202. Public defender division administrator -- duties

47-1-202. Public defender division administrator -- duties.
(1) In addition to the duties provided in 47-1-201 and subject to approval by the director, the public defender division administrator shall:
(a) develop and implement a regional strategic plan for the delivery of public defender services;
(b) ensure that administrative management procedures for regional offices are consistent with the policies and procedures provided by the central services division established in 47-1-119;
(c) establish procedures for managing caseloads and assigning cases in a manner that ensures that public defenders are assigned cases according to experience, training, and manageable caseloads and taking into account case complexity, the severity of charges and potential punishments, and the legal skills required to provide effective assistance of counsel;
(d) establish policies and procedures for assigning counsel in capital cases that are consistent with standards issued by the Montana supreme court for counsel for indigent persons in capital cases;
(e) work with the training coordinator provided for in 47-1-120 to establish and supervise a training and performance evaluation program for attorneys and nonattorney staff members and contractors;
(f) work with the central services division to establish procedures to handle complaints about public defender performance; and
(g) perform all other duties assigned by the director pursuant to this chapter.
(2) The public defender division administrator may not maintain a client caseload.
History: En. Sec. 8, Ch. 449, L. 2005; amd. Sec. 8, Ch. 344, L. 2011; amd. Sec. 29, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 47. Access to Legal Services › Chapter 1. Statewide Public Defender System › Part 2. Public Defender Services › 47-1-215. Regional offices -- deputy public defenders -- office space

47-1-215. Regional offices -- deputy public defenders -- office space.
(1) The public defender division administrator shall hire, assign, and supervise a deputy public defender to manage and supervise each regional office established pursuant to 47-1-104(2).
(2) Subject to approval by the public defender division administrator, each deputy public defender shall:
(a) manage and supervise all public defender services provided within the deputy public defender's assigned region;
(b) establish protocols so that when a court orders the assignment of counsel, the assignment is made promptly to an appropriate public defender and so that a public defender is immediately available when necessary;
(c) ensure that public defender assignments within the region comply with the provisions of 47-1-202(1)(c);
(d) hire and supervise the work of regional office personnel as authorized by the public defender division administrator;
(e) coordinate with the contract manager provided for in 47-1-121 to contract for services as authorized by the public defender division administrator according to the strategic plan approved by the director;
(f) keep a record of public defender and associated services and expenses in the region and submit the records to the public defender division administrator as requested;
(g) implement the standards and procedures established by the director and the public defender division administrator for the region;
(h) maintain a minimum client caseload as determined by the public defender division administrator; and
(i) perform all other duties as assigned by the public defender division administrator.
(3) Expenses for office space required for regional offices, including rent, utilities, and maintenance, must be paid by the office of state public defender and may not be considered a county or city obligation.
History: En. Sec. 11, Ch. 449, L. 2005; amd. Sec. 10, Ch. 344, L. 2011; amd. Sec. 32, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 47. Access to Legal Services › Chapter 1. Statewide Public Defender System › Part 3. Appellate Services › 47-1-301. Appellate defender division -- division administrator

47-1-301. Appellate defender division -- division administrator.
(1) There is an appellate defender division. The appellate defender division must be located in Helena, Montana.
(2) (a) The director shall hire and supervise the appellate defender division administrator to manage and supervise the appellate defender division.
(b) The appellate defender division administrator must be an attorney licensed to practice law in the state.
(3) Subject to approval by the director, the appellate defender division administrator shall:
(a) direct, manage, and supervise all public defender services provided by the appellate defender division;
(b) ensure that when a court orders the appellate defender division to assign an appellate lawyer or when a defendant or petitioner is otherwise entitled to an appellate public defender, the assignment is made promptly to a qualified and appropriate appellate defender who is immediately available to the defendant or petitioner when necessary;
(c) ensure that appellate defender assignments comply with the provisions of 47-1-202(1)(c) and standards for counsel for indigent persons in capital cases issued by the Montana supreme court;
(d) hire and supervise the work of appellate defender division personnel;
(e) contract for services as provided in 47-1-121 and as authorized by the director according to the strategic plan for the delivery of public defender services;
(f) keep a record of appellate defender services and expenses of the appellate defender division and submit records and reports to the central services division provided for in 47-1-119;
(g) implement standards and procedures established by the director for the appellate defender division;
(h) maintain a minimum client caseload as determined by the director;
(i) confer with the director on budgetary issues and submit budgetary requests and information for the reports required by law or by the governor; and
(j) perform all other duties assigned to the appellate defender division administrator by the director.
History: En. Sec. 9, Ch. 449, L. 2005; amd. Sec. 6, Ch. 24, L. 2011; amd. Sec. 9, Ch. 344, L. 2011; amd. Sec. 30, Ch. 358, L. 2017; Sec. 47-1-205, MCA 2015; redes. 47-1-301 by Sec. 47(3)(c), Ch. 358, L. 2017; amd. Sec. 4, Ch. 61, L. 2019.
2023 Montana Code Annotated › Title 47. Access to Legal Services › Chapter 1. Statewide Public Defender System › Part 4. Conflict of Interest Services › 47-1-401. Conflicts of interest -- conflict defender division administrator

47-1-401. Conflicts of interest -- conflict defender division administrator.
(1) The director shall establish a conflict defender division to provide for the representation of indigent defendants in circumstances in which, because of conflict of interest, the public defender division or the appellate defender division is unable to provide representation to a defendant.
(2) The position of conflict defender division administrator is hired and supervised by the director under 47-1-105. The conflict defender division administrator reports directly to the director and not to the public defender division administrator.
(3) The conflict defender division administrator may not handle cases.
(4) All attorneys handling conflict of interest cases shall report to the conflict defender division administrator.
History: En. Sec. 12, Ch. 344, L. 2011; amd. Sec. 25, Ch. 358, L. 2017; Sec. 47-1-118, MCA 2015; redes. 47-1-401 by Sec. 47(3)(d), Ch. 358, L. 2017; amd. Sec. 5, Ch. 61, L. 2019.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 1. Basic Rights › Part 1. Basic Personal Rights › 49-1-101. Right of protection from personal injury

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.
History: En. Sec. 30, Civ. C. 1895; re-en. Sec. 3600, Rev. C. 1907; re-en. Sec. 5688, R.C.M. 1921; Cal. Civ. C. Sec. 43; Field Civ. C. Sec. 27; re-en. Sec. 5688, R.C.M. 1935; R.C.M. 1947, 64-201; amd. Sec. 1, Ch. 177, L. 1979; amd. Sec. 1796, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 1. Basic Rights › Part 1. Basic Personal Rights › 49-1-102. Freedom from discrimination

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.
History: En. Sec. 1, Ch. 201, L. 1965; amd. Sec. 1, Ch. 39, L. 1971; amd. Sec. 1, Ch. 77, L. 1974; amd. Sec. 1, Ch. 524, L. 1975; amd. Sec. 6, Ch. 38, L. 1977; R.C.M. 1947, 64-301; amd. Sec. 2, Ch. 682, L. 1991; amd. Sec. 1, Ch. 407, L. 1993; amd. Sec. 26, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 1. Basic Rights › Part 1. Basic Personal Rights › 49-1-103. Right to use 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.
History: En. Sec. 36, Civ. C. 1895; re-en. Sec. 3606, Rev. C. 1907; re-en. Sec. 5694, R.C.M. 1921; Cal. Civ. C. Sec. 50; Based on Field Civil C. Sec. 33; re-en. Sec. 5694, R.C.M. 1935; R.C.M. 1947, 64-210.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 1. Basic Rights › Part 2. Basic Political Rights › 49-1-201. Right to state's protection

49-1-201. Right to state's protection.
Every person while within the jurisdiction of this state is entitled to its protection.
History: En. Sec. 80, Pol. C. 1895; re-en. Sec. 33, Rev. C. 1907; re-en. Sec. 34, R.C.M. 1921; Cal. Pol. C. Sec. 54; re-en. Sec. 34, R.C.M. 1935; R.C.M. 1947, 83-401.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 1. Basic Rights › Part 2. Basic Political Rights › 49-1-202. Right to hold elected office

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.
History: En. Sec. 84, Pol. C. 1895; re-en. Sec. 37, Rev. C. 1907; re-en. Sec. 38, R.C.M. 1921; Cal. Pol. C. Sec. 58; re-en. Sec. 38, R.C.M. 1935; R.C.M. 1947, 83-405; amd. Sec. 1797, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 1. Basic Rights › Part 2. Basic Political Rights › 49-1-203. Rights and duties of electors as compared to nonelectors

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.
History: En. Sec. 85, Pol. C. 1895; re-en. Sec. 38, Rev. C. 1907; re-en. Sec. 39, R.C.M. 1921; Cal. Pol. C. Sec. 59; re-en. Sec. 39, R.C.M. 1935; R.C.M. 1947, 83-406.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 1. Basic Rights › Part 2. Basic Political Rights › 49-1-204. Rights and duties of citizens of other states

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.
History: En. Sec. 86, Pol. C. 1895; re-en. Sec. 39, Rev. C. 1907; re-en. Sec. 40, R.C.M. 1921; Cal. Pol. C. Sec. 60; re-en. Sec. 40, R.C.M. 1935; R.C.M. 1947, 83-407.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 1. Basic Rights › Part 2. Basic Political Rights › 49-1-208. Short title

49-1-208. Short title.
Sections 49-1-208 through 49-1-210 may be cited as the "Gun Owners Access to Justice Act".
History: En. Sec. 1, Ch. 523, L. 2023.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 1. Basic Rights › Part 2. Basic Political Rights › 49-1-209. Definitions

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.
History: En. Sec. 2, Ch. 523, L. 2023.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 1. Basic Rights › Part 2. Basic Political Rights › 49-1-210. Right to bear arms protected -- remedies

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.
History: En. Sec. 3, Ch. 523, L. 2023.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 1. General Provisions › 49-2-102. Records to be kept

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.
History: En. 64-306.1 by Sec. 4, Ch. 524, L. 1975; amd. Sec. 1, Ch. 27, L. 1977; R.C.M. 1947, 64-306.1(2).
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 2. Commission for Human Rights › 49-2-201. Repealed

49-2-201. Repealed.
Sec. 18, Ch. 467, L. 1997.
History: (1)En. 64-311 by Sec. 8, Ch. 283, L. 1974; amd. Sec. 9, Ch. 524, L. 1975; Sec. 64-311, R.C.M. 1947;(2)En. 64-308 by Sec. 5, Ch. 283, L. 1974; amd. Sec. 6, Ch. 524, L. 1975; Sec. 64-308, R.C.M. 1947; R.C.M. 1947, 64-308(part), 64-311.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 2. Commission for Human Rights › 49-2-202. Authority to require posted notice

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.
History: En. 64-314 by Sec. 12, Ch. 524, L. 1975; R.C.M. 1947, 64-314; amd. Sec. 3, Ch. 177, L. 1979; amd. Sec. 1798, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 2. Commission for Human Rights › 49-2-203. Subpoena power of department and commissioner

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.
History: En. 64-313 by Sec. 11, Ch. 524, L. 1975; R.C.M. 1947, 64-313; amd. Sec. 5, Ch. 467, L. 1997; amd. Sec. 1, Ch. 205, L. 2011.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 2. Commission for Human Rights › 49-2-204. Rules

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.
History: En. 64-315 by Sec. 13, Ch. 524, L. 1975; R.C.M. 1947, 64-315; amd. Sec. 6, Ch. 467, L. 1997.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 2. Commission for Human Rights › 49-2-205. Purpose

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.
History: En. Sec. 1, Ch. 467, L. 1997.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 2. Commission for Human Rights › 49-2-210. Enforcement

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.
History: En. Sec. 15, Ch. 467, L. 1997.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 3. Prohibited Discriminatory Practices › 49-2-301. Retaliation prohibited

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.
History: Ap.p. Sec. 2, Ch. 283, L. 1974; amd. Sec. 2, Ch. 121, L. 1975; amd. Sec. 3, Ch. 524, L. 1975; amd. Sec. 7, Ch. 38, L. 1977; Sec. 64-306, R.C.M. 1947; Ap.p. Sec. 9, Ch. 283, L. 1974; amd. Sec. 10, Ch. 524, L. 1975; Sec. 64-312, R.C.M. 1947; R.C.M. 1947, 64-306(9), 64-312(2); amd. Sec. 4, Ch. 177, L. 1979; amd. Sec. 1799, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 3. Prohibited Discriminatory Practices › 49-2-302. Aiding, coercing, or attempting

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.
History: En. 64-312 by Sec. 9, Ch. 283, L. 1974; amd. Sec. 10, Ch. 524, L. 1975; R.C.M. 1947, 64-312(1); amd. Sec. 5, Ch. 177, L. 1979.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 3. Prohibited Discriminatory Practices › 49-2-304. Discrimination in public accommodations

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.
History: En. 64-306 by Sec. 2, Ch. 283, L. 1974; amd. Sec. 2, Ch. 121, L. 1975; amd. Sec. 3, Ch. 524, L. 1975; amd. Sec. 7, Ch. 38, L. 1977; R.C.M. 1947, 64-306(3); amd. Sec. 1, Ch. 3, L. 1989; amd. Sec. 2, Ch. 543, L. 1989; amd. Sec. 1, Ch. 454, L. 1991; amd. Sec. 4, Ch. 407, L. 1993.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 3. Prohibited Discriminatory Practices › 49-2-306. Discrimination in financing and credit transactions

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.
History: En. 64-306 by Sec. 2, Ch. 283, L. 1974; amd. Sec. 2, Ch. 121, L. 1975; amd. Sec. 3, Ch. 524, L. 1975; amd. Sec. 7, Ch. 38, L. 1977; R.C.M. 1947, 64-306(5), (8); amd. Sec. 6, Ch. 407, L. 1993.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 3. Prohibited Discriminatory Practices › 49-2-307. Discrimination in education

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.
History: En. 64-306 by Sec. 2, Ch. 283, L. 1974; amd. Sec. 2, Ch. 121, L. 1975; amd. Sec. 3, Ch. 524, L. 1975; amd. Sec. 7, Ch. 38, L. 1977; R.C.M. 1947, 64-306(7); amd. Sec. 7, Ch. 407, L. 1993; amd. Sec. 2, Ch. 256, L. 2023.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 3. Prohibited Discriminatory Practices › 49-2-308. Discrimination by the state

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).
History: En. 64-306 by Sec. 2, Ch. 283, L. 1974; amd. Sec. 2, Ch. 121, L. 1975; amd. Sec. 3, Ch. 524, L. 1975; amd. Sec. 7, Ch. 38, L. 1977; R.C.M. 1947, 64-306(6); amd. Sec. 3, Ch. 682, L. 1991; amd. Sec. 8, Ch. 407, L. 1993.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 3. Prohibited Discriminatory Practices › 49-2-309. Discrimination in insurance and retirement plans

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.
History: En. Secs. 1, 3, Ch. 531, L. 1983; amd. Sec. 4, Ch. 13, L. 1993; amd. Sec. 1, Ch. 250, L. 2021.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 3. Prohibited Discriminatory Practices › 49-2-310. Maternity leave -- unlawful acts of employers

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.
History: En. 41-2602 by Sec. 2, Ch. 320, L. 1975; R.C.M. 1947, 41-2602(1); amd. Sec. 1, Ch. 285, L. 1983; MCA 1981, 39-7-203; redes. 49-2-310 by Sec. 2, Ch. 285, L. 1983; amd. Sec. 1800, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 3. Prohibited Discriminatory Practices › 49-2-311. Reinstatement to job following pregnancy-related leave of absence

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.
History: En. 41-2602 by Sec. 2, Ch. 320, L. 1975; R.C.M. 1947, 41-2602(2); MCA 1981, 39-7-204; redes. 49-2-311 by Sec. 2, Ch. 285, L. 1983; amd. Sec. 1801, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 3. Prohibited Discriminatory Practices › 49-2-312. Discrimination based on vaccination status or possession of immunity passport prohibited -- definitions

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 any vaccine whose use is allowed under an emergency use authorization or any 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.
History: En. Sec. 1, Ch. 418, L. 2021.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 3. Prohibited Discriminatory Practices › 49-2-313. Exemption

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.
History: En. Sec. 2, Ch. 418, L. 2021.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 4. Exceptions to Prohibitions › 49-2-401. Repealed

49-2-401. Repealed.
Sec. 11, Ch. 801, L. 1991.
History: En. 64-306.1 by Sec. 4, Ch. 524, L. 1975; amd. Sec. 1, Ch. 27, L. 1977; R.C.M. 1947, 64-306.1(1); amd. Sec. 7, Ch. 177, L. 1979.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 4. Exceptions to Prohibitions › 49-2-402. "Reasonable" to be strictly construed

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.
History: En. 64-306 by Sec. 2, Ch. 283, L. 1974; amd. Sec. 2, Ch. 121, L. 1975; amd. Sec. 3, Ch. 524, L. 1975; amd. Sec. 7, Ch. 38, L. 1977; R.C.M. 1947, 64-306(10).
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 4. Exceptions to Prohibitions › 49-2-403. Specific limits on justification

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.
History: En. 64-307 by Sec. 3, Ch. 283, L. 1974; amd. Sec. 3, Ch. 121, L. 1975; amd. Sec. 5, Ch. 524, L. 1975; amd. Sec. 8, Ch. 38, L. 1977; R.C.M. 1947, 64-307(1), (2); amd. Sec. 2, Ch. 342, L. 1985; amd. Sec. 4, Ch. 506, L. 1991; amd. Sec. 5, Ch. 13, L. 1993; amd. Sec. 9, Ch. 407, L. 1993; amd. Sec. 4, Ch. 205, L. 2011.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 4. Exceptions to Prohibitions › 49-2-404. Distinctions permitted for modesty or privacy

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.
History: En. 64-307 by Sec. 3, Ch. 283, L. 1974; amd. Sec. 3, Ch. 121, L. 1975; amd. Sec. 5, Ch. 524, L. 1975; amd. Sec. 8, Ch. 38, L. 1977; R.C.M. 1947, 64-307(3).
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 4. Exceptions to Prohibitions › 49-2-405. Veterans' and persons with disabilities employment preference

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.
History: En. Sec. 12, Ch. 1, Sp. L. 1983; amd. Sec. 15, Ch. 646, L. 1989.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 5. Enforcement › 49-2-501. Filing complaints

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.
History: En. 64-308 by Sec. 5, Ch. 283, L. 1974; amd. Sec. 6, Ch. 524, L. 1975; R.C.M. 1947, 64-308(1); amd. Sec. 8, Ch. 177, L. 1979; amd. Sec. 1, Ch. 415, L. 1987; amd. Sec. 3, Ch. 801, L. 1991; amd. Sec. 7, Ch. 467, L. 1997; amd. Sec. 1, Ch. 28, L. 2007.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 5. Enforcement › 49-2-502. Repealed

49-2-502. Repealed.
Sec. 18, Ch. 467, L. 1997.
History: En. 64-308 by Sec. 5, Ch. 283, L. 1974; amd. Sec. 6, Ch. 524, L. 1975; R.C.M. 1947, 64-308(part).
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 5. Enforcement › 49-2-503. Temporary relief by court order

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.
History: En. 64-308 by Sec. 5, Ch. 283, L. 1974; amd. Sec. 6, Ch. 524, L. 1975; R.C.M. 1947, 64-308(3); amd. Sec. 4, Ch. 801, L. 1991; amd. Sec. 8, Ch. 467, L. 1997; amd. Sec. 2, Ch. 28, L. 2007.
2023 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.
2023 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.
2023 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.
2023 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.