Mont. Code Ann. » TITLE 49. HUMAN RIGHTS · CHAPTER 2. ILLEGAL DISCRIMINATION · Part 5. Enforcement
Montana Code Annotated

Mont. Code Ann. § 49-2-506 (2026)

Procedure Upon Decision Finding Discrimination

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 49
  3. CHAPTER 2
  4. Part 5
  5. 49-2-506 Procedure upon decision finding discrimination

TITLE 49. HUMAN RIGHTS

CHAPTER 2. ILLEGAL DISCRIMINATION

Part 5. Enforcement

Procedure Upon Decision Finding Discrimination

49-2-506. Procedure upon decision finding discrimination. (1) If the hearings officer finds that a party against whom a complaint was filed has engaged in the discriminatory practice alleged in the complaint, the department shall order the party to refrain from engaging in the discriminatory conduct. The order may:

(a) prescribe conditions on the accused's future conduct relevant to the type of discriminatory practice found;

(b) require any reasonable measure to correct the discriminatory practice and to rectify any harm, pecuniary or otherwise, to the person discriminated against;

(c) require a report on the manner of compliance.

(2) Except as provided in 49-2-510, the order may not require the payment of punitive damages.

(3) Whenever an order or conciliation agreement requires inspection by the department for a period of time to determine if the respondent is complying with that order or agreement, the period of time may not be more than 1 year.

History: En. 64-309 by Sec. 6, Ch. 283, L. 1974; amd. Sec. 7, Ch. 524, L. 1975; R.C.M. 1947, 64-309(1), (2), (4); amd. Sec. 10, Ch. 177, L. 1979; amd. Sec. 5, Ch. 801, L. 1991; amd. Sec. 11, Ch. 467, L. 1997; amd. Sec. 5, Ch. 28, L. 2007.

Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1981–2023 · leading case: Vainio v. Brookshire, 852 P.2d 596 (Mont. 1993).
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Vainio v. Brookshire, 852 P.2d 596 (Mont. 1993). · cites it 54× “Does § 49-2-506(1)(b), MCA, of the Montana Human Rights Act violate the Montana Constitution because the Act's procedural provisions do not allow for a jury trial? 2.”
Saucier Ex Rel. Mallory v. McDonald's Restaurants of Montana, Inc., 2008 MT 63 (Mont. 2008). · cites it 22× “Additionally, if the district court does conclude that unlawful discrimination has occurred, it may not grant any relief other than that which the Department or the Human Rights Commission are authorized to grant pursuant to § 49-2-506, MCA. [4] Section 49-2-509(6), (7), MCA.”
McDonald v. Dep't of Env't Quality, 2009 MT 209 (Mont. 2009). · cites it 17× “” Section 49-2-506(1)0»), MCA. Here, the examiner awarded McDonald $10,000.”
Laudert v. Richland Cnty. Sheriff's Dep't, 2000 MT 218 (Mont. 2000). · cites it 22× “Rather, he filed a petition for judicial review after his claim of employment discrimination was tried before a hearing examiner of the Montana Human Rights Commission.”
Vortex Fishing Sys., Inc. v. Foss, 2001 MT 312 (Mont. 2001). · cites it 6× “ISSUE 3 ¶29 Did the District Court err when it affirmed the HRC’s award of $2,500 for emotional distress damages? ¶30 Upon a finding of discrimination, the HRC may: (a) prescribe conditions on the accused’s future conduct relevant to the type of discriminatory practice found;…”
Griffith v. Butte Sch. Dist. No. 1, 2010 MT 246 (Mont. 2010). · cites it 4× “Additionally, § 49-2-511(3)(a), MCA, clarifies that, at this point, the district court must hold a trial on the merits of the case and may provide the relief outlined in § 49-2-506, MCA, in addition to awarding attorney fees and costs.”
Denke v. Shoemaker, 2008 MT 418 (Mont. 2008). · cites it 4× “The examiner also imposed injunctive relief pursuant to § 49-2-506(1), MCA. ¶32 As for the City, the examiner determined that the comments made during the February 14 council meeting related to Denke’s job performance and her Human Rights complaint were privileged under §…”
Drinkwalter v. Shipton Supply Co., Inc., 732 P.2d 1335 (Mont. 1987). · cites it 6× “Section 49-2-506, MCA, gives the Human Rights Commission broad powers to provide relief for discrimination.”
Hughes v. Lynch, 2007 MT 177 (Mont. 2007). · cites it 2× “See § 49-2-506(b), MCA (stating that the HRC may “require any reasonable measure to correct the discriminatory practice and to rectify any harm, pecuniary or otherwise, to the person discriminated against”).”
Romero v. J & J TIRE, 777 P.2d 292 (Mont. 1989). · cites it 3× “Does the Montana Human Rights Act violate the Constitution of the United States or of the State of Montana by providing that orders in discrimination cases may not include punitive damages? Section 49-2-506(2), MCA, precludes punitive damages in actions brought under the Act.”
Tammie Ackelson v. Manley Toy Direct, L.L.C. & Toy Network, L.L.C. v. Manley Toy Direct, L.L.C.. & Toy Network, L.L.C., 832 N.W.2d 678 (Iowa 2013). “, Mont.Code Ann. § 49-2-506(2) (2011) (prohibiting punitive damages except in cases of housing discrimination); N.”
Eur. Health Spa v. Human Rights Comm'n, 687 P.2d 1029 (Mont. 1984). · cites it 3× “81, with interest thereon at 10% per annum from the date of the hearing, June 26, 1980, until the date paid.”
Show all 20 citing cases →
— Mont. Code Ann. § 49-2-506(1) — 5 cases
Saucier Ex Rel. Mallory v. McDonald's Restaurants of Montana, Inc., 2008 MT 63 (Mont. 2008). “Additionally, if the district court does conclude that unlawful discrimination has occurred, it may not grant any relief other than that which the Department or the Human Rights Commission are authorized to grant pursuant to § 49-2-506, MCA. [4] Section 49-2-509(6), (7), MCA.”
Denke v. Shoemaker, 2008 MT 418 (Mont. 2008). “The examiner also imposed injunctive relief pursuant to § 49-2-506(1), MCA. ¶32 As for the City, the examiner determined that the comments made during the February 14 council meeting related to Denke’s job performance and her Human Rights complaint were privileged under §…”
Vortex Fishing Sys., Inc. v. Foss, 2001 MT 312 (Mont. 2001). “ISSUE 3 ¶29 Did the District Court err when it affirmed the HRC’s award of $2,500 for emotional distress damages? ¶30 Upon a finding of discrimination, the HRC may: (a) prescribe conditions on the accused’s future conduct relevant to the type of discriminatory practice found;…”
McDonald v. Dep't of Env't Quality, 2009 MT 209 (Mont. 2009). “” Section 49-2-506(1)0»), MCA. Here, the examiner awarded McDonald $10,000.”
Walker v. Anaconda Co., 520 F. Supp. 1143 (D. Mont. 1981).
— Mont. Code Ann. § 49-2-506(1)(b) — 5 cases
Vainio v. Brookshire, 852 P.2d 596 (Mont. 1993). “Does § 49-2-506(1)(b), MCA, of the Montana Human Rights Act violate the Montana Constitution because the Act's procedural provisions do not allow for a jury trial? 2.”
McDonald v. Dep't of Env't Quality, 2009 MT 209 (Mont. 2009). “” Section 49-2-506(1)0»), MCA. Here, the examiner awarded McDonald $10,000.”
Laudert v. Richland Cnty. Sheriff's Dep't, 2000 MT 218 (Mont. 2000). “Rather, he filed a petition for judicial review after his claim of employment discrimination was tried before a hearing examiner of the Montana Human Rights Commission.”
All Star Painting v. D. Jones, 2021 MT 131N (Mont. 2021).
Norval Elec. Coop v. Lawson (Mont. 2023).
— Mont. Code Ann. § 49-2-506(2) — 4 cases
Saucier Ex Rel. Mallory v. McDonald's Restaurants of Montana, Inc., 2008 MT 63 (Mont. 2008). “Additionally, if the district court does conclude that unlawful discrimination has occurred, it may not grant any relief other than that which the Department or the Human Rights Commission are authorized to grant pursuant to § 49-2-506, MCA. [4] Section 49-2-509(6), (7), MCA.”
Romero v. J & J TIRE, 777 P.2d 292 (Mont. 1989). “Does the Montana Human Rights Act violate the Constitution of the United States or of the State of Montana by providing that orders in discrimination cases may not include punitive damages? Section 49-2-506(2), MCA, precludes punitive damages in actions brought under the Act.”
Tammie Ackelson v. Manley Toy Direct, L.L.C. & Toy Network, L.L.C. v. Manley Toy Direct, L.L.C.. & Toy Network, L.L.C., 832 N.W.2d 678 (Iowa 2013). “, Mont.Code Ann. § 49-2-506(2) (2011) (prohibiting punitive damages except in cases of housing discrimination); N.”
Johnson v. Dodson Pub. Schs. Dist. No. 2-A(C), 463 F. Supp. 2d 1151 (D. Mont. 2006).
— Mont. Code Ann. § 49-2-506(b) — 1 case
Hughes v. Lynch, 2007 MT 177 (Mont. 2007). “See § 49-2-506(b), MCA (stating that the HRC may “require any reasonable measure to correct the discriminatory practice and to rectify any harm, pecuniary or otherwise, to the person discriminated against”).”
— Mont. Code Ann. § 49-2-506(b)(1) — 1 case
Vainio v. Brookshire, 852 P.2d 596 (Mont. 1993). “Does § 49-2-506(1)(b), MCA, of the Montana Human Rights Act violate the Montana Constitution because the Act's procedural provisions do not allow for a jury trial? 2.”
— Mont. Code Ann. § 49-2-506(b)(l) — 1 case
Vainio v. Brookshire, 852 P.2d 596 (Mont. 1993). “Does § 49-2-506(1)(b), MCA, of the Montana Human Rights Act violate the Montana Constitution because the Act's procedural provisions do not allow for a jury trial? 2.”
— Mont. Code Ann. § 49-2-506(l)(b) — 6 cases
Vainio v. Brookshire, 852 P.2d 596 (Mont. 1993). “Does § 49-2-506(1)(b), MCA, of the Montana Human Rights Act violate the Montana Constitution because the Act's procedural provisions do not allow for a jury trial? 2.”
McDonald v. Dep't of Env't Quality, 2009 MT 209 (Mont. 2009). “” Section 49-2-506(1)0»), MCA. Here, the examiner awarded McDonald $10,000.”
Laudert v. Richland Cnty. Sheriff's Dep't, 2000 MT 218 (Mont. 2000). “Rather, he filed a petition for judicial review after his claim of employment discrimination was tried before a hearing examiner of the Montana Human Rights Commission.”
Vortex Fishing Sys., Inc. v. Foss, 2001 MT 312 (Mont. 2001). “ISSUE 3 ¶29 Did the District Court err when it affirmed the HRC’s award of $2,500 for emotional distress damages? ¶30 Upon a finding of discrimination, the HRC may: (a) prescribe conditions on the accused’s future conduct relevant to the type of discriminatory practice found;…”
Eur. Health Spa v. Human Rights Comm'n, 687 P.2d 1029 (Mont. 1984). “81, with interest thereon at 10% per annum from the date of the hearing, June 26, 1980, until the date paid.”
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