Mont. Code Ann. » TITLE 49. HUMAN RIGHTS · CHAPTER 2. ILLEGAL DISCRIMINATION · Part 3. Prohibited Discriminatory Practices
Montana Code Annotated

Mont. Code Ann. § 49-2-303 (2026)

Discrimination In Employment

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 49
  3. CHAPTER 2
  4. Part 3
  5. 49-2-303 Discrimination in employment

TITLE 49. HUMAN RIGHTS

CHAPTER 2. ILLEGAL DISCRIMINATION

Part 3. Prohibited Discriminatory Practices

Discrimination In Employment

49-2-303. Discrimination in employment. (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, or national origin or because of age, physical or mental disability, marital status, or sex when the reasonable demands of the position do not require an age, physical or mental disability, marital status, or sex distinction;

(b) a labor organization or joint labor management committee controlling apprenticeship to exclude or expel any person from its membership or from an apprenticeship or training program or to discriminate in any way against a member of or an applicant to the labor organization or an employer or employee because of race, creed, religion, color, or national origin or because of age, physical or mental disability, marital status, or sex when the reasonable demands of the program do not require an age, physical or mental disability, marital status, or sex distinction;

(c) an employer or employment agency to print or circulate or cause to be printed or circulated a statement, advertisement, or publication or to use an employment application that expresses, directly or indirectly, a limitation, specification, or discrimination as to sex, marital status, age, physical or mental disability, race, creed, religion, color, or national origin or an intent to make the limitation, unless based upon a bona fide occupational qualification;

(d) an employment agency to fail or refuse to refer for employment, to classify, or otherwise to discriminate against any individual because of sex, marital status, age, physical or mental disability, race, creed, religion, color, or national origin, unless based upon a bona fide occupational qualification.

(2) The exceptions permitted in subsection (1) based on bona fide occupational qualifications must be strictly construed.

(3) Compliance with 2-2-302 and 2-2-303, which prohibit nepotism in public agencies, may not be construed as a violation of this section.

(4) The application of a hiring preference, as provided for in 2-18-111 and 18-1-110, may not be construed to be a violation of this section.

(5) It is not a violation of the prohibition against marital status discrimination in this section:

(a) for an employer or labor organization to provide greater or additional contributions to a bona fide group insurance plan for employees with dependents than to those employees without dependents or with fewer dependents; or

(b) for an employer to employ or offer to employ a person who is qualified for the position and to also employ or offer to employ the person's spouse.

(6) The provisions of this chapter do not apply to a business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of the business or enterprise required by a contract or other agreement under which preferential treatment may be given to an individual based on the individual's status as an Indian living on or near a reservation.

History: En. 64-306 by Sec. 2, Ch. 283, L. 1974; amd. Sec. 2, Ch. 121, L. 1975; amd. Sec. 3, Ch. 524, L. 1975; amd. Sec. 7, Ch. 38, L. 1977; R.C.M. 1947, 64-306(1), (2); amd. Sec. 1, Ch. 279, L. 1983; amd. Sec. 1, Ch. 342, L. 1985; amd. Sec. 3, Ch. 506, L. 1991; amd. Sec. 3, Ch. 13, L. 1993; amd. Sec. 3, Ch. 407, L. 1993; amd. Sec. 1, Ch. 287, L. 2001; amd. Sec. 2, Ch. 205, L. 2011.

Notes of Decisions
Cited in 69 cases (15 in the last 5 years), 1979–2026 · leading case: Saucier Ex Rel. Mallory v. McDonald's Restaurants of Montana, Inc., 2008 MT 63 (Mont. 2008).
Sort: Relevance Newest Treatment
Saucier Ex Rel. Mallory v. McDonald's Restaurants of Montana, Inc., 2008 MT 63 (Mont. 2008). · cites it 26× “Pursuant to the Montana Human Rights Act, § 49-2-303, MCA, Mallory filed a Complaint in June of 2002 on Saucier's behalf with the Human Rights Bureau of the Department of Labor and Industry.”
Thompson v. Bd. of Trs., Sch. Dist., Etc., 627 P.2d 1229 (Mont. 1981). · cites it 26× “Section 49-2-303(1 )(a) reads in part as follows: “(1) It is an unlawful discriminatory practice for: “(a) an employer to refuse employment to a person, to bar him from employment, or to discriminate against him in compensation or in a term, condition, or privilege of employment…”
Martinell v. Montana Power Co., 886 P.2d 421 (Mont. 1994). · cites it 19× “Did the District Court err in concluding that the pre-1991 version of § 49-2-303(l)(a), MCA, imposed a duty of reasonable accommodation on Montana Power Company? III.”
Pannoni v. Bd. of Trs., Browning Sch. Dist. No. 9, 2004 MT 130 (Mont. 2004). · cites it 11× “Section 49-2-303(1)(a), MCA. A disability is defined as a physical or mental impairment that substantially limits one or more of a person's major life activities.”
McDonald v. Dep't of Env't Quality, 2009 MT 209 (Mont. 2009). · cites it 10× “Section 49-2-303(1)(a), MCA. "Physical or mental disability" includes "a physical or mental impairment that substantially limits one or more of a person's major life activities.”
Johnson v. Bozeman Sch. Dist. No. 7, 734 P.2d 209 (Mont. 1987). · cites it 14× “On July 18, 1975, Johnson filed a complaint with the Human Rights Commission alleging that the School District violated Section 49-2-303, MCA, by discriminating against him on the basis of his marital status.”
Bruner v. Yellowstone Cnty., 900 P.2d 901 (Mont. 1995). · cites it 3× “] Section 49-2-303(l)(a), MCA. If Bruner were alleging that Yellowstone County was harassing or discriminating against her then she would have a claim under the HRA and any common law harassment and discrimination claims against Yellowstone County would be preempted.”
Eur. Health Spa v. Human Rights Comm'n, 687 P.2d 1029 (Mont. 1984). · cites it 12× “474 , we adopted the McDonnell test for employment discrimination *325 cases filed under Section 49-2-303, MCA, which involve disparate treatment of a protected class because “[t]he provisions of Title 49, Montana Human Rights Act, are closely modeled after Title VII of the…”
Parker-Bigback v. St. Labre Sch., 2000 MT 210 (Mont. 2000). · cites it 26× “¶ 9 Section 49-2-303, MCA, provides: (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…”
Ross v. City of Great Falls, 1998 MT 276 (Mont. 1998). · cites it 6× “Section 49-2-303(l)(a), MCA. This provision of the MHRA is applicable to all employers, public and private, except for certain nonprofit organizations.”
Laudert v. Richland Cnty. Sheriff's Dep't, 2000 MT 218 (Mont. 2000). · cites it 6× “¶ 19 Section 49-2-303(1), MCA, provides that "it is an unlawful discriminatory practice for .”
Campbell v. Garden City Plumbing & Heat., Inc., 2004 MT 231 (Mont. 2004). · cites it 6× “604(1), ARM, provides that: it is unlawful for an employer ... to discriminate against a person in the terms, conditions or privileges of employment because of a person's membership in a protected class.”
Show all 69 citing cases →
— Mont. Code Ann. § 49-2-303(1) — 13 cases
Laudert v. Richland Cnty. Sheriff's Dep't, 2000 MT 218 (Mont. 2000). “¶ 19 Section 49-2-303(1), MCA, provides that "it is an unlawful discriminatory practice for .”
Norval Elec. Coop v. Lawson, 2022 MT 245 (Mont. 2022).
Stringer-Altmaier v. Haffner, 2006 MT 129 (Mont. 2006).
Johnson v. Bozeman Sch. Dist. No. 7, 734 P.2d 209 (Mont. 1987). “On July 18, 1975, Johnson filed a complaint with the Human Rights Commission alleging that the School District violated Section 49-2-303, MCA, by discriminating against him on the basis of his marital status.”
Schmidt v. Cook, 2005 MT 53 (Mont. 2005).
— Mont. Code Ann. § 49-2-303(1)(a) — 27 cases
Saucier Ex Rel. Mallory v. McDonald's Restaurants of Montana, Inc., 2008 MT 63 (Mont. 2008). “Pursuant to the Montana Human Rights Act, § 49-2-303, MCA, Mallory filed a Complaint in June of 2002 on Saucier's behalf with the Human Rights Bureau of the Department of Labor and Industry.”
Thompson v. Bd. of Trs., Sch. Dist., Etc., 627 P.2d 1229 (Mont. 1981). “Section 49-2-303(1 )(a) reads in part as follows: “(1) It is an unlawful discriminatory practice for: “(a) an employer to refuse employment to a person, to bar him from employment, or to discriminate against him in compensation or in a term, condition, or privilege of employment…”
McDonald v. Dep't of Env't Quality, 2009 MT 209 (Mont. 2009). “Section 49-2-303(1)(a), MCA. "Physical or mental disability" includes "a physical or mental impairment that substantially limits one or more of a person's major life activities.”
Pannoni v. Bd. of Trs., Browning Sch. Dist. No. 9, 2004 MT 130 (Mont. 2004). “Section 49-2-303(1)(a), MCA. A disability is defined as a physical or mental impairment that substantially limits one or more of a person's major life activities.”
Alexander v. Mont. Developmental Ctr., 430 P.3d 90 (Mont. 2018).
— Mont. Code Ann. § 49-2-303(19)(b) — 1 case
Pannoni v. Bd. of Trs., Browning Sch. Dist. No. 9, 2004 MT 130 (Mont. 2004). “Section 49-2-303(1)(a), MCA. A disability is defined as a physical or mental impairment that substantially limits one or more of a person's major life activities.”
— Mont. Code Ann. § 49-2-303(2) — 1 case
Taylor v. Dep't of Fish, Wildlife & Parks, 666 P.2d 1228 (Mont. 1983).
— Mont. Code Ann. § 49-2-303(a) — 1 case
Reinhardt v. Burlington N. Santa Fe R.R., 846 F. Supp. 2d 1108 (D. Mont. 2012).
— Mont. Code Ann. § 49-2-303(l)(a) — 24 cases
Martinell v. Montana Power Co., 886 P.2d 421 (Mont. 1994). “Did the District Court err in concluding that the pre-1991 version of § 49-2-303(l)(a), MCA, imposed a duty of reasonable accommodation on Montana Power Company? III.”
Thompson v. Bd. of Trs., Sch. Dist., Etc., 627 P.2d 1229 (Mont. 1981). “Section 49-2-303(1 )(a) reads in part as follows: “(1) It is an unlawful discriminatory practice for: “(a) an employer to refuse employment to a person, to bar him from employment, or to discriminate against him in compensation or in a term, condition, or privilege of employment…”
Bruner v. Yellowstone Cnty., 900 P.2d 901 (Mont. 1995). “] Section 49-2-303(l)(a), MCA. If Bruner were alleging that Yellowstone County was harassing or discriminating against her then she would have a claim under the HRA and any common law harassment and discrimination claims against Yellowstone County would be preempted.”
Ross v. City of Great Falls, 1998 MT 276 (Mont. 1998). “Section 49-2-303(l)(a), MCA. This provision of the MHRA is applicable to all employers, public and private, except for certain nonprofit organizations.”
Arthur v. Pierre Ltd., 2004 MT 303 (Mont. 2004).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.