Montana Code Annotated

Mont. Code Ann. § 49-2-101 (2026)

Definitions

✓ current as of May 2026

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TITLE 49. HUMAN RIGHTS

CHAPTER 2. ILLEGAL DISCRIMINATION

Part 1. General Provisions

Definitions

49-2-101. Definitions. 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 reasonable grounds for discrimination without reference to age.

(2) "Aggrieved party" means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, and who has been or is likely to be specially and injuriously affected by a violation of this chapter.

(3) "Commission" means the commission for human rights provided for in 2-15-1706.

(4) "Commissioner" means the commissioner of labor and industry provided for in 2-15-1701.

(5) "Credit" means the right granted by a creditor to a person to defer payment of a debt, to incur debt and defer its payment, or to purchase property or services and defer payment. It includes without limitation the right to incur and defer debt that is secured by residential real property.

(6) "Credit transaction" means any invitation to apply for credit, application for credit, extension of credit, or credit sale.

(7) "Creditor" means a person who, regularly or as a part of the person's business, arranges for the extension of credit for which the payment of a financial charge or interest is required, whether in connection with loans, sale of property or services, or otherwise.

(8) "Department" means the department of labor and industry provided for in 2-15-1701.

(9) "Educational institution" means a public or private institution and includes an academy; college; elementary or secondary school; extension course; kindergarten; nursery; school system; university; business, nursing, professional, secretarial, technical, or vocational school; or agent of an educational institution.

(10) (a) "Employee" means an individual employed by an employer.

(b) The term does not include an individual providing services for an employer if the individual has an independent contractor exemption certificate issued under 39-71-417 and is providing services under the terms of that certificate.

(11) "Employer" means an employer of one or more persons or an agent of the employer but does not include a fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for private profit or to provide accommodations or services that are available on a nonmembership basis.

(12) "Employment agency" means a person undertaking to procure employees or opportunities to work.

(13) "Financial institution" means a commercial bank, trust company, savings bank, finance company, savings and loan association, credit union, investment company, or insurance company.

(14) "Housing accommodation" means a building or portion of a building, whether constructed or to be constructed, that is or will be used as the sleeping quarters of its occupants.

(15) "Labor organization" means an organization or an agent of an organization organized for the purpose, in whole or in part, of collective bargaining, of dealing with employers concerning grievances or terms or conditions of employment, or of other mutual aid and protection of employees.

(16) "National origin" means ancestry.

(17) (a) "Organization" means a corporation, association, or any other legal or commercial entity that engages in advocacy of, enforcement of, or compliance with legal interests affected by this chapter.

(b) The term does not include a labor organization.

(18) "Person" means one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated employees' associations, employers, employment agencies, organizations, or labor organizations.

(19) (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 on, because of, on the basis of, or on the grounds of 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. An accommodation that would require an undue hardship or that would endanger the health or safety of any person is not a reasonable accommodation.

(20) (a) "Public accommodation" means a place that caters or offers its services, goods, or facilities to the general public subject only to the conditions and limitations established by law and applicable to all persons. It includes without limitation a public inn, restaurant, eating house, hotel, roadhouse, place where food or alcoholic beverages or malt liquors are sold for consumption, motel, soda fountain, soft drink parlor, tavern, nightclub, trailer park, resort, campground, barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring salon or shop, bathroom, resthouse, theater, swimming pool, skating rink, golf course, cafe, ice cream parlor, transportation company, or hospital and all other public amusement and business establishments.

(b) Public accommodation does not include an institution, club, or place of accommodation that proves that it is by its nature distinctly private. An institution, club, or place of accommodation may not be considered by its nature distinctly private if it has more than 100 members, provides regular meal service, and regularly receives payment for dues, fees, use of space, facilities, services, meals, or beverages, directly or indirectly, from or on behalf of nonmembers, for the furtherance of trade or business. For the purposes of this subsection (20), any lodge of a recognized national fraternal organization is considered by its nature distinctly private.

(21) "Sex" has the meaning provided in 1-1-201.

History: En. 64-305 by Sec. 1, Ch. 283, L. 1974; amd. Sec. 1, Ch. 121, L. 1975; amd. Sec. 2, Ch. 524, L. 1975; amd. Sec. 1, Ch. 35, L. 1977; R.C.M. 1947, 64-305; amd. Sec. 2, Ch. 177, L. 1979; amd. Sec. 1, Ch. 543, L. 1989; amd. Sec. 1, Ch. 241, L. 1991; amd. Sec. 1, Ch. 235, L. 1993; amd. Sec. 2, Ch. 407, L. 1993; amd. Sec. 4, Ch. 467, L. 1997; amd. Sec. 21, Ch. 243, L. 2003; amd. Sec. 1, Ch. 201, L. 2011; amd. Sec. 16, Ch. 15, L. 2015; amd. Sec. 27, Ch. 685, L. 2023.

Notes of Decisions

Cited in 42 cases (6 in the last 5 years), 1981–2026 · leading case: Martinell v. Montana Power Co., 886 P.2d 421 (Mont. 1994).

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Martinell v. Montana Power Co., 886 P.2d 421 (Mont. 1994). · cites it 36× “The Montana Human Rights Commission had further interpreted the statutory definition as follows: The terms “mental handicap” and “physical handicap” shall have meanings stated in section 49-2-101, MCA, with the following clarifications: (a) A “handicapped individual” is a person…”

McDonald v. Dep't of Env't Quality, 2009 MT 209 (Mont. 2009). · cites it 20× “Sections 49-2-101(19)0»), -303(l)(a), MCA; Admin.”

Pannoni v. Bd. of Trs., Browning Sch. Dist. No. 9, 2004 MT 130 (Mont. 2004). · cites it 18× “Section 49-2-101(19)(a), MCA. A mental impairment can be a mental or psychological disorder, including an emotional or mental illness such as major depression.”

BNSF Ry. Co. v. Feit, 2012 MT 147 (Mont. 2012). · cites it 18× “A “physical or mental disability” is defined as: (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.”

Butterfield v. Sidney Pub. Schs., 2001 MT 177 (Mont. 2001). · cites it 22× “However, the district court granted summary judgment to Conoco based on its conclusion that Hafner had failed to prove he was physically handicapped or was "regarded as" physically handicapped as the term was then defined at § 49-2-101(15)(a), MCA [now § 49-2-101(19)(a), MCA].”

Bates v. Neva, 2014 MT 336 (Mont. 2014). · cites it 18× ““Housing accommodation” is specifically defined by § 49-2-101( 14), MCA, to mean buildings only, whether already constructed or to be constructed.”

Baxter Homeowners Ass'n v. Angel, 2013 MT 83 (Mont. 2013). · cites it 12× “The Department additionally argues, along with Angel, that the District Court erred in reversing the Commission’s finding of discrimination because it incorrectly interpreted public accommodations analysis by incorporating the “reasonable accommodation” standard unique to the…”

Hafner v. Conoco, Inc., 886 P.2d 947 (Mont. 1994). · cites it 15× “On cross-motions for summary judgment, the District Court determined that Hafner had failed to prove he was physically handicapped or was "regarded as" physically handicapped under § 49-2-101(15)(a), MCA. The court further found that Hafner had failed to prove that he was…”

Hafner v. Conoco, Inc., 1999 MT 68 (Mont. 1999). · cites it 14× “First, we addressed the District Court's determination that Hafner had not established the first two elements of a prima facie case of discrimination.”

Alexander v. Mont. Developmental Ctr., 430 P.3d 90 (Mont. 2018). · cites it 6× “Section 49-2-303(1)(a), MCA. Discrimination under the MHRA includes "the failure to make reasonable accommodations that are required by an otherwise qualified person who has a physical or mental disability.”

Reeves v. Dairy Queen, Inc., 1998 MT 13 (Mont. 1998). · cites it 6× “¶23 Under the Act, a physical disability is defined as either “a physical or mental impairment that substantially limits one or more of a person’s major life activities” or “a condition regarded as such an impairment.”

Bruner v. Yellowstone Cnty., 900 P.2d 901 (Mont. 1995). · cites it 2× “Because the sexual harassment is at the foundation of her claim of negligent retention, the only remedy she has is in the Montana Human Rights Act, §§ 49-2-101 et seq., MCA. We conclude that the holdings of Hash and Harrison are controlling and that the exclusive remedy for the…”

Show all 42 citing cases →

— Mont. Code Ann. § 49-2-101(11) — 1 case

Jones v. All Star Painting Inc., 2018 MT 70 (Mont. 2018).

— Mont. Code Ann. § 49-2-101(14) — 1 case

Bates v. Neva, 2014 MT 336 (Mont. 2014). ““Housing accommodation” is specifically defined by § 49-2-101( 14), MCA, to mean buildings only, whether already constructed or to be constructed.”

— Mont. Code Ann. § 49-2-101(15) — 2 cases

Bates v. Neva, 2014 MT 336 (Mont. 2014). ““Housing accommodation” is specifically defined by § 49-2-101( 14), MCA, to mean buildings only, whether already constructed or to be constructed.”

Martinell v. Montana Power Co., 886 P.2d 421 (Mont. 1994). “The Montana Human Rights Commission had further interpreted the statutory definition as follows: The terms “mental handicap” and “physical handicap” shall have meanings stated in section 49-2-101, MCA, with the following clarifications: (a) A “handicapped individual” is a person…”

— Mont. Code Ann. § 49-2-101(15)(a) — 3 cases

Hafner v. Conoco, Inc., 886 P.2d 947 (Mont. 1994). “On cross-motions for summary judgment, the District Court determined that Hafner had failed to prove he was physically handicapped or was "regarded as" physically handicapped under § 49-2-101(15)(a), MCA. The court further found that Hafner had failed to prove that he was…”

Butterfield v. Sidney Pub. Schs., 2001 MT 177 (Mont. 2001). “However, the district court granted summary judgment to Conoco based on its conclusion that Hafner had failed to prove he was physically handicapped or was "regarded as" physically handicapped as the term was then defined at § 49-2-101(15)(a), MCA [now § 49-2-101(19)(a), MCA].”

— Mont. Code Ann. § 49-2-101(15)(a)(iii) — 1 case

Hafner v. Conoco, Inc., 1999 MT 68 (Mont. 1999). “First, we addressed the District Court's determination that Hafner had not established the first two elements of a prima facie case of discrimination.”

— Mont. Code Ann. § 49-2-101(15)(b) — 2 cases

— Mont. Code Ann. § 49-2-101(16) — 1 case

— Mont. Code Ann. § 49-2-101(18) — 1 case

Maffit v. City of Helena, 2021 MT 14 (Mont. 2021).

— Mont. Code Ann. § 49-2-101(19) — 1 case

McDonald v. Dep't of Env't Quality, 2009 MT 209 (Mont. 2009). “Sections 49-2-101(19)0»), -303(l)(a), MCA; Admin.”

— Mont. Code Ann. § 49-2-101(19)(a) — 6 cases

BNSF Ry. Co. v. Feit, 2012 MT 147 (Mont. 2012). “A “physical or mental disability” is defined as: (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.”

Pannoni v. Bd. of Trs., Browning Sch. Dist. No. 9, 2004 MT 130 (Mont. 2004). “Section 49-2-101(19)(a), MCA. A mental impairment can be a mental or psychological disorder, including an emotional or mental illness such as major depression.”

Reeves v. Dairy Queen, Inc., 1998 MT 13 (Mont. 1998). “¶23 Under the Act, a physical disability is defined as either “a physical or mental impairment that substantially limits one or more of a person’s major life activities” or “a condition regarded as such an impairment.”

Est. of Welch v. Holcim, Inc., 2014 MT 1 (Mont. 2014).

— Mont. Code Ann. § 49-2-101(19)(a)(i) — 2 cases

McDonald v. Dep't of Env't Quality, 2009 MT 209 (Mont. 2009). “Sections 49-2-101(19)0»), -303(l)(a), MCA; Admin.”

Est. of Welch v. Holcim, Inc., 2014 MT 1 (Mont. 2014).

— Mont. Code Ann. § 49-2-101(19)(a)(iii) — 2 cases

Est. of Welch v. Holcim, Inc., 2014 MT 1 (Mont. 2014).

— Mont. Code Ann. § 49-2-101(19)(b) — 6 cases

McDonald v. Dep't of Env't Quality, 2009 MT 209 (Mont. 2009). “Sections 49-2-101(19)0»), -303(l)(a), MCA; Admin.”

Alexander v. Mont. Developmental Ctr., 430 P.3d 90 (Mont. 2018). “Section 49-2-303(1)(a), MCA. Discrimination under the MHRA includes "the failure to make reasonable accommodations that are required by an otherwise qualified person who has a physical or mental disability.”

Borges v. Missoula Cnty. Sheriff's Off., 2018 MT 14 (Mont. 2018).

— Mont. Code Ann. § 49-2-101(2) — 2 cases

Baxter Homeowners Ass'n v. Angel, 2013 MT 83 (Mont. 2013). “The Department additionally argues, along with Angel, that the District Court erred in reversing the Commission’s finding of discrimination because it incorrectly interpreted public accommodations analysis by incorporating the “reasonable accommodation” standard unique to the…”

Trout Unlimited v. DNRC, 2025 MT 1 (Mont. 2025).

— Mont. Code Ann. § 49-2-101(8) — 4 cases

Vainio v. Brookshire, 852 P.2d 596 (Mont. 1993).

Martinez v. Yellowstone Cnty. Welfare Dep't, 626 P.2d 242 (Mont. 1981).

Fandrich v. Capital Ford Lincoln Mercury, 901 P.2d 112 (Mont. 1995).

Dayton Christian Schs., Inc. v. Ohio Civil Rights Comm'n, 766 F.2d 932 (6th Cir. 1985).

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