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

Mont. Code Ann. § 49-2-308 (2026)

Discrimination By The State

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 49
  3. CHAPTER 2
  4. Part 3
  5. 49-2-308 Discrimination by the state

TITLE 49. HUMAN RIGHTS

CHAPTER 2. ILLEGAL DISCRIMINATION

Part 3. Prohibited Discriminatory Practices

Discrimination By The State

49-2-308. Discrimination by the state. (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, marital status, color, age, physical or mental disability, or national origin, unless based on reasonable grounds;

(b) to publish, circulate, issue, display, post, or mail a written or printed communication, notice, or advertisement which states or implies that any local, state, or federal funds, services, goods, facilities, advantages, or privileges of the office or agency will be refused, withheld from, or denied to a person of a certain race, creed, religion, sex, marital status, color, age, physical or mental disability, or national origin or that the patronage of a person of a particular race, creed, religion, sex, marital status, color, age, or national origin or possessing a physical or mental disability is unwelcome or not desired or solicited, unless based on reasonable grounds;

(c) 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 that person's political beliefs. However, this prohibition does not apply to policymaking positions on the immediate staff of an elected officer of the executive branch provided for in Article VI, section 1, of the Montana constitution, to the appointment by the governor of a director of a principal department provided for in Article VI, section 7, of the Montana constitution, or to the immediate staff of the majority and minority leadership of the Montana legislature.

(2) This section does not prevent the nonarbitrary consideration in adoption proceedings of relevant information concerning the factors listed in subsection (1).

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(6); amd. Sec. 3, Ch. 682, L. 1991; amd. Sec. 8, Ch. 407, L. 1993.

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1981–2023 · leading case: Thompson v. Bd. of Trs., Sch. Dist., Etc., 627 P.2d 1229 (Mont. 1981).
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Thompson v. Bd. of Trs., Sch. Dist., Etc., 627 P.2d 1229 (Mont. 1981). · cites it 8× “On the other hand, in section 49-2-308, above quoted, the word "employment" is not mentioned in the statute which allows for a possibly discriminatory practice if it is "based on reasonable grounds".”
Blaine & Hill Co. v. Stricker, 2017 MT 80 (Mont. 2017). · cites it 3× “But this is a discrimination claim under the Human Rights Act, not a claim for negligence. 2 Under the Human Rights Act, it is a prohibited “discriminatory practice for the state or any of its political subdivisions .”
Albert v. City of Billings, 2012 MT 159 (Mont. 2012). · cites it 6× “” Section 49-2-308(1)(a), MCA. To establish a discrimination claim, Albert was required to present a prima facie case of disparate treatment.”
Ray v. Montana Tech of Univer. of Montana, 2007 MT 21 (Mont. 2007). · cites it 2× “¶28 According to Ray, he held environmental beliefs which were known to Montana Tech and, when he espoused those beliefs publicly, the school unlawfully discriminated against him by refusing to renew his contract as department head.”
Taliaferro v. State, 764 P.2d 860 (Mont. 1988). · cites it 5× “SRS asserts that Taliaferro’s support and backing of the 1983 legislation must be associated with “party politics” before either Section 49-2-308 or Section 49-3-201, MCA, will apply to protect her; that neither the term “political beliefs,” nor “political ideas” is defined in…”
Stricker v. Blaine Cnty., 2023 MT 209 (Mont. 2023). · cites it 7× “¶26 Section 49-2-308(1)(a), MCA, provides: It is an unlawful discriminatory practice for the state or any of its political subdivisions[] to refuse, withhold from, or deny to any person any local, state, or federal funds, services, goods, facilities, advantage, or privileges…”
Maffit v. City of Helena, 2021 MT 14 (Mont. 2021). · cites it 2× “2-301, MCA); aiding, coercing, or attempting discrimination (§ 49-2-302, MCA); discrimination in employment (§ 49-2-303, 9 MCA); discrimination in public accommodations (§ 49-2-304, MCA); discrimination in housing (§ 49-2-305, MCA), discrimination in financing and credit…”
Hansen v. Bozeman Police Dep't, 2015 MT 143 (Mont. 2015). · cites it 3× “…in the record on appeal. 2 Law enforcement agencies are subject to non-discriminatory requirements of Montana law. Section 49-2-308, MCA; Edwards , ¶ 62.”
Great Falls Pub. Schs. v. Johnson, 2001 MT 95 (Mont. 2001). · cites it 4× “this chapter ...” § 49-2-509(7), MCA (emphasis added).”
Lenoir v. Sellers, 2004 MT 89N (Mont. 2004). · cites it 13× “At the time the summary judgment motion was made, Lenoir had alleged that Sellers knew Lenoir supported Lenington; that Sellers treated Lenoir differently from Lenoir’s co-workers who supported Sellers in the election; and that Sellers subjected Lenoir to unfair criticisms in…”
Lechowski-Mercado v. Seeley Swan High Sch. (D. Mont. 2022). “§ 49-2-308 (1)(a) (2021); Crowell v. School Dist.”
Mont. Code Ann. § 49-2-308(1): 2 cases
Blaine & Hill Co. v. Stricker, 2017 MT 80 (Mont. 2017). “But this is a discrimination claim under the Human Rights Act, not a claim for negligence. 2 Under the Human Rights Act, it is a prohibited “discriminatory practice for the state or any of its political subdivisions .”
Thompson v. Bd. of Trs., Sch. Dist., Etc., 627 P.2d 1229 (Mont. 1981). “On the other hand, in section 49-2-308, above quoted, the word "employment" is not mentioned in the statute which allows for a possibly discriminatory practice if it is "based on reasonable grounds".”
Mont. Code Ann. § 49-2-308(1)(a): 2 cases
Albert v. City of Billings, 2012 MT 159 (Mont. 2012). “” Section 49-2-308(1)(a), MCA. To establish a discrimination claim, Albert was required to present a prima facie case of disparate treatment.”
Stricker v. Blaine Cnty., 2023 MT 209 (Mont. 2023). “¶26 Section 49-2-308(1)(a), MCA, provides: It is an unlawful discriminatory practice for the state or any of its political subdivisions[] to refuse, withhold from, or deny to any person any local, state, or federal funds, services, goods, facilities, advantage, or privileges…”
Mont. Code Ann. § 49-2-308(1)(c): 2 cases
Ray v. Montana Tech of Univer. of Montana, 2007 MT 21 (Mont. 2007). “¶28 According to Ray, he held environmental beliefs which were known to Montana Tech and, when he espoused those beliefs publicly, the school unlawfully discriminated against him by refusing to renew his contract as department head.”
Lenoir v. Sellers, 2004 MT 89N (Mont. 2004). “At the time the summary judgment motion was made, Lenoir had alleged that Sellers knew Lenoir supported Lenington; that Sellers treated Lenoir differently from Lenoir’s co-workers who supported Sellers in the election; and that Sellers subjected Lenoir to unfair criticisms in…”
Mont. Code Ann. § 49-2-308(3): 1 case
Taliaferro v. State, 764 P.2d 860 (Mont. 1988). “SRS asserts that Taliaferro’s support and backing of the 1983 legislation must be associated with “party politics” before either Section 49-2-308 or Section 49-3-201, MCA, will apply to protect her; that neither the term “political beliefs,” nor “political ideas” is defined in…”
Mont. Code Ann. § 49-2-308(l)(a): 2 cases
Albert v. City of Billings, 2012 MT 159 (Mont. 2012). “” Section 49-2-308(1)(a), MCA. To establish a discrimination claim, Albert was required to present a prima facie case of disparate treatment.”
Great Falls Pub. Schs. v. Johnson, 2001 MT 95 (Mont. 2001). “this chapter ...” § 49-2-509(7), MCA (emphasis added).”
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