Title 49, Title 49

Every elector is eligible to the office for which the elector is an elector except where otherwise specially provided.

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.

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.

Sections 49-1-208 through 49-1-210 may be cited as the "Gun Owners Access to Justice Act".

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 ri…

(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 burde…

This part may be cited as the "Free to Speak Act".

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 [1-1-209]. (4) "P…

(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 inconsis…

(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 secti…

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 r…

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 …

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 plac…

(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) Th…

(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 ado…

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 inten…

(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 complian…

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 unde…

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.

(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, o…

(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, advant…

(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…

(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…

(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 institu…

(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, ma…

(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 t…

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 an…

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 credit…

(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 opportunitie…

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 ser…

Any grounds urged as a "reasonable" basis for an exemption under any section of this chapter shall be strictly construed.

(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 correctin…

Separate lavatory, bathing, or dressing facilities based on the distinction of sex may be maintained for the purpose of modesty or privacy.

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.

(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 …

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 b…

(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…

(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 partie…

(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 conditi…

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 departme…

(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 af…

(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…

(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 const…

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 t…

(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, …

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 …