Montana Code Annotated

Mont. Code Ann. § 49-2-102 (2026)

Records To Be Kept

✓ current as of May 2026
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TITLE 49. HUMAN RIGHTS

CHAPTER 2. ILLEGAL DISCRIMINATION

Part 1. General Provisions

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).

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1998–2022 · leading case: Reeves v. Dairy Queen, Inc., 1998 MT 13 (Mont. 1998).
Reeves v. Dairy Queen, Inc., 1998 MT 13 (Mont. 1998). · cites it 3× “Section 49-2-102(19)(b), MCA. ¶41 The District Court found that it was undisputed that Dairy Queen is a fast food restaurant with hot equipment that cannot be moved, changed, or made safe.”
Rhoten v. Rocking J. Ranch LLC (D. Mont. 2022). · cites it 2× “) Count 5 alleges “Disability Discrimination” under Mont. Code Ann. § 49-2-102 (1)(a). (Id. at 24–25.”
Lenoir v. Sellers, 2004 MT 89N (Mont. 2004). · cites it 2× “1 Lenoir referred to the statute as § 49-2-102, MCA, in her complaint but the appropriate statute is § 49-1-102(1)(a), MCA.”
Reinhardt v. Burlington N. Santa Fe R.R., 846 F. Supp. 2d 1108 (D. Mont. 2012). · cites it 2× “Additionally, the employer may defend with Mont.Code Ann. § 49-2-102(19)(b), which provides that “[a]n accommodation that would require an undue hardship or that would endanger the health or safety of any person is not a reasonable accommodation.”
— Mont. Code Ann. § 49-2-102(19)(b) — 2 cases
Reeves v. Dairy Queen, Inc., 1998 MT 13 (Mont. 1998). “Section 49-2-102(19)(b), MCA. ¶41 The District Court found that it was undisputed that Dairy Queen is a fast food restaurant with hot equipment that cannot be moved, changed, or made safe.”
Reinhardt v. Burlington N. Santa Fe R.R., 846 F. Supp. 2d 1108 (D. Mont. 2012). “Additionally, the employer may defend with Mont.Code Ann. § 49-2-102(19)(b), which provides that “[a]n accommodation that would require an undue hardship or that would endanger the health or safety of any person is not a reasonable accommodation.”
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