Mont. Code Ann. » TITLE 49. HUMAN RIGHTS · CHAPTER 1. BASIC RIGHTS · Part 1. Basic Personal Rights
Montana Code Annotated

Mont. Code Ann. § 49-1-102 (2026)

Freedom From Discrimination

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 49
  3. CHAPTER 1
  4. Part 1
  5. 49-1-102 Freedom from discrimination

TITLE 49. HUMAN RIGHTS

CHAPTER 1. BASIC RIGHTS

Part 1. Basic Personal Rights

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.

Notes of Decisions
Cited in 18 cases (5 in the last 5 years), 1982–2025 · leading case: Bates v. Neva, 2014 MT 336 (Mont. 2014).
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Bates v. Neva, 2014 MT 336 (Mont. 2014). · cites it 12× “” Section 49-1-102(1), MCA. The MHRA prohibits discrimination in a number of circumstances, including real estate transactions: (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…”
Crabtree v. Montana State Library, 665 P.2d 231 (Mont. 1983). · cites it 12× “The Department of Labor and Industry argues that an absolute entitlement ruling runs afoul of the Human Rights Act, specifically section 49-1-102, MCA, which prohibits "discrimination because of race, creed, religion, color, sex, physical or mental handicap, age, or national…”
Saucier Ex Rel. Mallory v. McDonald's Restaurants of Montana, Inc., 2008 MT 63 (Mont. 2008). · cites it 6× “" Section 49-1-102(1), MCA. Pursuant to this declaration, the MHRA prohibits particular types of discrimination in various settings such as employment, education, and public accommodations, among others.”
Mahan v. Farmers Union Cent. Exch., Inc., 768 P.2d 850 (Mont. 1989). · cites it 6× “Accordingly, we will examine those issues for that purpose, pursuant to § 3-2-204(3), MCA.”
Montana Human Rights Div. v. City of Billings, 649 P.2d 1283 (Mont. 1982). · cites it 3× “Under the Montana Human Rights Act of 1974, section 49-1-102, MCA, provides that the right to be free from discrimination includes the right to obtain and hold employment without discrimination.”
Arneson v. State Ex Rel. Dep't of Admin., 864 P.2d 1245 (Mont. 1993). · cites it 4× “To hold otherwise would be to ignore the import of § 49-1-102, MCA, of the Montana Human Rights Act which provides that "[t]he right to be free from discrimination because of .”
Arthur v. Pierre Ltd., 2004 MT 303 (Mont. 2004). · cites it 2× “See § 49-1-102(1), MCA. Moreover, it is an unlawful discriminatory practice for 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,…”
McCann v. Trs., Dodson Sch. Dist., 816 P.2d 435 (Mont. 1991). · cites it 3× “To avoid discouraging the filing of meritorious claims *365 under the Montana Human Rights Act, we adopt the standard set forth in Christiansburg as the measure for whether attorney fees should be granted to prevailing defendants under § 49-2-505(4), MCA.”
Lay v. State Dep't of Military Affairs, Disaster & Emergency Servs. Div., 2015 MT 158 (Mont. 2015). · cites it 3× “” Section 49-1-102(1), MCA. The MHRA declares that it is an “unlawful discriminatory practice” for an employer “to discriminate against a person in compensation or in a term, condition, or privilege of employment because of.”
Pike v. Burlington N. R.R., 903 P.2d 1352 (Mont. 1995). · cites it 2× “Pike, apparently the only female carman, contends she had been advised she would not be placed in a carman position because she was not qualified to operate an all terrain vehicle.”
Link v. City of Lewistown, 833 P.2d 1070 (Mont. 1992). · cites it 4× “8, pointed out that the limitation on age at the time of original appointment in § 7-33-4107, MCA, is preceded by the following language: The state of Montana determines that age is a valid, bona fide occupational qualification for the position of firefighter because of the…”
Raap v. Wolf Point Sch. Dist., 2018 MT 58 (Mont. 2018). “Pursuant to § 2-3-213, MCA, and without comment on its merits, the decision of the Board terminating Raap's employment is hereby reversed and remanded for consideration in compliance with § 2-3-203, MCA, and Article II, Section 9, of the Montana Constitution. ¶ 27 Reversed and…”
Show all 18 citing cases →
— Mont. Code Ann. § 49-1-102(1) — 6 cases
Bates v. Neva, 2014 MT 336 (Mont. 2014). “” Section 49-1-102(1), MCA. The MHRA prohibits discrimination in a number of circumstances, including real estate transactions: (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…”
Saucier Ex Rel. Mallory v. McDonald's Restaurants of Montana, Inc., 2008 MT 63 (Mont. 2008). “" Section 49-1-102(1), MCA. Pursuant to this declaration, the MHRA prohibits particular types of discrimination in various settings such as employment, education, and public accommodations, among others.”
Mahan v. Farmers Union Cent. Exch., Inc., 768 P.2d 850 (Mont. 1989). “Accordingly, we will examine those issues for that purpose, pursuant to § 3-2-204(3), MCA.”
Arthur v. Pierre Ltd., 2004 MT 303 (Mont. 2004). “See § 49-1-102(1), MCA. Moreover, it is an unlawful discriminatory practice for 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,…”
Lay v. State Dep't of Military Affairs, Disaster & Emergency Servs. Div., 2015 MT 158 (Mont. 2015). “” Section 49-1-102(1), MCA. The MHRA declares that it is an “unlawful discriminatory practice” for an employer “to discriminate against a person in compensation or in a term, condition, or privilege of employment because of.”
— Mont. Code Ann. § 49-1-102(1)(a) — 2 cases
Lenoir v. Sellers, 2004 MT 89N (Mont. 2004).
Rhoten v. Rocking J. Ranch LLC (D. Mont. 2022).
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