Montana Administrative Code

24.9.1008 EXTRACURRICULAR AND ATHLETIC ACTIVITIES Unless based on reasonable grounds, no person, on the basis of sex, shall be denied equality of opportunity to participate in extracurricular activities and athletics sponsored by an educational institution. In determining whether…

24.9.1009 FINANCIAL AID Unless an exception is based on reasonable grounds, no person shall, on the basis of sex, be limited or denied financial assistance from an educational institution. To the extent that an educational institution awards athletic scholarships or grants-in-aid…

24.9.101 ORGANIZATION AND PUBLIC PARTICIPATION OF THE HUMAN RIGHTS COMMISSION The Human Rights Commission (commission) is established by 2-15-1706, MCA. The commission is composed of five members of the public appointed by the Governor. The commission is allocated to the Departme…

24.9.1010 HOUSING AND AUXILIARY SERVICES FOR STUDENTS Unless an exception is based on reasonable grounds, an educational institution shall not, on the basis of sex, apply different rules or regulations, impose different fees or requirements or different services or benefits relat…

24.9.1011 EMPLOYMENT ASSISTANCE/PLACEMENT Unless an exception is based on reasonable grounds, an educational institution which assists an agency, organization or person in making employment available to any of its students shall obtain assurances that such employment is made avai…

24.9.102 RESPONSIBILITIES OF THE DEPARTMENT OF LABOR AND INDUSTRY AND THE COMMISSION For complaints of discrimination filed with the department, the Human Rights Bureau will conduct the informal investigation into the allegations contained in the complaint. The Office of Administ…

24.9.103 COMMISSION MEETINGS -- QUORUM AND DECISION MAKING AUTHORITY The commission shall meet six times per year or upon call of the chairperson, or at the written request of at least three members, the time or place to be designated by the person calling the meeting. The depart…

24.9.104 LIBERAL CONSTRUCTION -- EFFECT OF PARTIAL INVALIDITY The following rules describe the procedure followed by the Human Rights Commission in resolving complaints of discrimination. The commission will construe the provisions of the act, the code, and these rules liberally …

24.9.105 DEFINITIONS The following definitions apply throughout this chapter: "The act" means the Human Rights Act, Title 49, chapter 2, MCA. "Charging party" means a person who files a complaint with the Human Rights Bureau of the Department of Labor and Industry. "The code" mea…

24.9.107 APPLICABILITY OF RULES (REPEALED) Authorizing statute(s): 49-2-204, 49-3-106, MCA Implementing statute(s): Title 49, Chapters 2 and 3, MCA History: NEW, 1998 MAR p. 3201, Eff. 12/4/98; REP, 2008 MAR p. 2636, Eff. 12/25/08.

24.9.109 PURPOSE AND SCOPE OF RULES The purpose of the rules in this subchapter is to set forth the procedures the commission will follow for hearing party objections to the dismissal of complaints under 49-2-511, MCA and appeals of final orders under 49-2-505, MCA. The commissio…

24.9.1101 COVERAGE; ALIENS (REPEALED) Authorizing statute(s): Sec. 2-15-1706 MCA Implementing statute(s): Sec. 49-2-101 MCA History: NEW, Eff. 1/4/75; REP, 1996 MAR p. 2871, Eff. 10/25/96.

24.9.1102 COVERAGE; INSURANCE COMPANIES (REPEALED) Authorizing statute(s): Sec. 2-15-1706 MCA Implementing statute(s): Sec. 49-2-306 MCA History: NEW, Eff. 1/2/77; REP, 1996 MAR p. 2871, Eff. 10/25/96.

24.9.1103 PRINTED MATTER FOR PUBLIC ACCOMMODATIONS; WHEN DISCRIMINATION PERMITTED (REPEALED) Authorizing statute(s): Sec. 2-15-1706 MCA Implementing statute(s): Sec. 49-2-102, 49-2-303, 49-2-304, 49-2-305 MCA History: NEW, Eff. 1/4/75; REP, 1996 MAR p. 2871, Eff. 10/25/96.

24.9.1104 REAL PROPERTY TRANSACTIONS; WHEN DISCRIMINATION PERMITTED (REPEALED) Authorizing statute(s): Sec. 2-15-1706 MCA Implementing statute(s): Sec. 49-2-304 MCA History: NEW Eff. 1/4/75; REP, 1996 MAR p. 2871, Eff. 10/25/96.

24.9.1105 EDUCATIONAL INSTITUTIONS; WHEN DISCRIMINATION PERMITTED (REPEALED) Authorizing statute(s): Sec. 15-2-1706 MCA Implementing statute(s): Sec. 49-2-307, 49-2-308 MCA History: NEW, Eff. 1/4/75; REP, 1996 MAR p. 2871, Eff. 10/25/96.

24.9.1106 BURDEN OF PROOF (REPEALED) Authorizing statute(s): Sec. 2-15-1706 MCA Implementing statute(s): Sec. 49-2-303, 49-2-304, 49-2-305, 49-2-306, 49-2-308, 49-2-307, 49-2-301 (1), 49-2-402, 49-2-401, 49-2-102 MCA History: NEW, Eff. 1/4/75; REP, 1996 MAR p. 2871, Eff. 10/25/96…

24.9.1107 REAL PROPERTY TRANSACTIONS; AGE DISCRIMINATION (REPEALED) Authorizing statute(s): Sec. 2-15-1706, 49-2-204 MCA Implementing statute(s): 49-2-305 MCA History: NEW, 1985 MAR p. 1399, Eff. 7/1/87; REP, 1987 MAR p. 1094, Eff. 4/17/87.

24.9.111 DOCUMENT FORM AND SERVICE All documents, pleadings, and papers to be filed shall be eight and one-half inches by eleven inches (8½" x 11") in size, standard quality, opaque, unglazed paper, with a minimum 50% recycled content, of which least 10% shall be postconsumer was…

24.9.112 FILINGS WITH THE COMMISSION Any document required or permitted to be filed with the commission may be filed in three ways: hard copy, electronically, or telephonic facsimile (fax). In all instances, a hard copy original must be provided as indicated in (4) and (5). Elect…

24.9.113 TIME In accordance with Rule 6(a) of the Montana Rules of Civil Procedure, in computing any period of time for acts required by any of the commission's rules, the day of the act, event, or default after which the designated period of time begins to run is not included. T…

24.9.115 JURISDICTION TO CONSIDER JURISDICTION The commission shall, at all times, have jurisdiction to determine the jurisdiction of the commission over any particular contested case. In such situations the rules of procedure of the commission shall apply, and questions of juris…

24.9.117 DISQUALIFICATION OF A MEMBER OF THE COMMISSION A party may disqualify a member of the commission from presiding over any matter governed by these rules only upon an affirmative showing, made in good faith, of personal bias, a lack of independence, disqualification by law…

24.9.119 EX PARTE COMMUNICATIONS No member of the commission may participate in or initiate any ex parte communication as defined in (2) on the merits of a matter with any party. A member of the commission may engage in a communication concerning administrative or procedural matt…

24.9.1201 DEFINITIONS "Disability as a result of pregnancy" includes any condition certifiable by a medical doctor as disabling, whether the condition arises as a result of the normal course of pregnancy, or as a result of abnormal medical conditions which occur in the course of …

24.9.1202 TERMINATION OF EMPLOYMENT DUE TO PREGNANCY PROHIBITED Section 49-2-310 (1) , MCA provides that it is unlawful for an employer or his agent to terminate a woman's employment because of her pregnancy. For purposes of this provision, "terminations" shall include all involu…

24.9.1203 RIGHT TO REASONABLE LEAVE OF ABSENCE Section 49-2-310 (2) , MCA provides that it is unlawful for an employer or his agent to refuse to grant to an employee a reasonable leave of absence for pregnancy. In determining the standards of reasonableness which shall apply to a…

24.9.1204 MANDATORY LEAVE FOR UNREASONABLE LENGTH OF TIME PROHIBITED Section 49-2-310 (5) , MCA provides that no employer may require an employee to take a mandatory maternity leave for an unreasonable length of time. The reasonableness of the length of time for which an employee…

24.9.1205 VERIFICATION OF DISABILITY In any case where an employee makes a claim against her employer for any compensation to which she is entitled as a result of the accumulation of disability or leave benefits accrued pursuant to plans maintained by her employer, including any …

24.9.1206 PREGNANCY-RELATED DISABILITIES TO BE TREATED AS TEMPORARY DISABILITIES Disabilities as a result of a pregnancy, childbirth or related medical condition are for all job-related purposes, temporary disabilities and shall not be treated less favorably than other temporary …

24.9.1207 RETURN TO EMPLOYMENT AFTER MATERNITY LEAVE Section 49-2-311 , MCA requires that an employee who has signified her intent to return at the end of her maternity leave of absence shall be reinstated to her original job or an equivalent position with equivalent pay and accu…

24.9.121 OBJECTIONS TO DISMISSAL OF COMPLAINT A party who is dissatisfied with a department decision to dismiss a complaint may seek commission review of the decision by filing a written objection within 14 days after the issuance of the notice of dismissal. The objection will be…

24.9.123 APPEAL OF HEARING OFFICER DECISIONS Following entry of a hearing officer decision that resolves the complaint, pursuant to 49-2-505, MCA, parties shall have the opportunity to file an appeal, present briefs, and present oral argument to the commission as provided in this…

24.9.125 COMMISSION HEARINGS On the date fixed by the commission for oral argument, a quorum of the commission shall consider objections to dismissals by the Human Rights Bureau and appeals of hearing officer decisions. Upon motion of the commission, any member of the commission …

24.9.1301 DEFINITIONS The term "insurer" as used in this subchapter means any financial institution or person, as those terms are defined in section 49-2-101, MCA, that issues, operates, sells or otherwise provides any type of insurance policy, plan, or coverage or any pension or…

24.9.1302 RATES AND PREMIUMS; PROPERTY AND CASUALTY INSURANCE Rates or premiums for any property or casualty insurance policy, plan, or coverage on a risk, when the risk is resident, located, or to be performed in the state of Montana shall not be based on sex or marital status. …

24.9.1303 RATES AND PREMIUMS; LIFE, DISABILITY, AND HEALTH INSURANCE, ANNUITIES, AND PENSION AND RETIREMENT PLANS, PROGRAMS, AND COVERAGES Rates or premiums for life, disability, and health insurance policies, plans, and coverages, including annuities and pension and retirement p…

24.9.1304 PAYMENTS OR BENEFITS No payments or benefits or any insurance policy, plan or coverage or pension or retirement plan, program, or coverage shall be based on sex or marital status. Authorizing statute(s): Sec. 49-2-204 MCA Implementing statute(s): Sec. 49-2-309 MCA Histo…

24.9.1305 JURISDICTION AND APPLICABILITY DATE Section 49-2-309 , MCA, and this sub-chapter are applicable to all insurance policies, plans, and coverages and pension or retirement plans, programs or coverages subject to the laws of Montana and issued or entered into on or after O…

24.9.1401 GENERAL PRINCIPLES (IS HEREBY REPEALED) Authorizing statute(s): 2-15-1706, MCA Implementing statute(s): 49-2-102, 49-2-303, 49-2-401, MCA, NEW, Eff. 1/4/75 History: REP, 1996 MAR p. 2871, Eff. 10/25/96.

24.9.1402 SEX DISCRIMINATION AS A REASONABLE DEMAND OF EMPLOYMENT (IS HEREBY REPEALED) Authorizing statute(s): 2-15-1706, MCA Implementing statute(s): 49-2-102, 49-2-303, 49-2-401, MCA History: NEW, Eff. 1/2/77; REP, 1996 MAR p. 2871, Eff. 10/25/96.

24.9.1403 AGE DISCRIMINATION AS A REASONABLE DEMAND OF EMPLOYMENT (IS HEREBY REPEALED) Authorizing statute(s): 2-15-1706, MCA Implementing statute(s): 49-2-102, 49-2-303, 49-2-401, MCA History: NEW, Eff. 1/4/75; REP, 1996 MAR p. 2871, Eff. 10/25/96.

24.9.1404 PHYSICAL HANDICAP DISCRIMINATION AS A REASONABLE DEMAND OF EMPLOYMENT (IS HEREBY REPEALED) Authorizing statute(s): 2-15-1706, MCA Implementing statute(s): 49-2-102, 49-2-303, 49-2-401, MCA History: NEW, Eff. 1/4/75; REP, 1996 MAR p. 2871, Eff. 10/25/96.

24.9.1405 MENTAL HANDICAP DISCRIMINATION AS A DEMAND OF EMPLOYMENT (IS HEREBY REPEALED) Authorizing statute(s): 2-15-1706, MCA Implementing statute(s): 49-2-102, 49-2-303, 49-2-401, Eff. 1/4/75 History: REP, 1996 MAR p. 2871, Eff. 10/25/96.

24.9.1406 PRE-EMPLOYMENT INQUIRIES Any pre- employment inquiry made in connection with prospective employment which elicits information regarding race, color, national origin, religion, creed, physical or mental disability, age, sex, marital status or, in the case of government e…

24.9.1407 ADOPTION OF EEOC SEX DISCRIMINATION GUIDELINES The human rights commission hereby affirms its adoption of the Guidelines on Sex Discrimination promulgated by the United States equal employment opportunity commission, as last revised as of July 1, 1998. The guidelines ar…

24.9.1408 ADOPTION OF EEOC RELIGIOUS DISCRIMINATION GUIDELINES The human rights commission hereby affirms its adoption of the Guidelines on Religious Discrimination promulgated by the United States equal employment opportunity commission, as last revised as of July 1, 1998. The g…

24.9.1409 ADOPTION OF EEOC NATIONAL ORIGIN DISCRIMINATION GUIDELINES The human rights commission hereby affirms its adoption of the Guidelines on National Origin Discrimination promulgated by the United States equal employment opportunity commission, as last revised as of July 1,…

24.9.1410 ADOPTION OF EEOC GUIDELINES ON EMPLOYEE SELECTION PROCEDURES The human rights commission hereby affirms its adoption of the Uniform Guidelines on Employee Selection Procedures, including their appendix, "Policy Statement on Affirmative Action" promulgated by the United …

24.9.1411 EEOC GUIDELINES READ IN CONJUNCTION WITH COMMISSION INTERPRETIVE RULES The guidelines promulgated by the United States equal employment opportunity commission and adopted by the human rights commission are to be read together and in conjunction with the provisions of AR…