Montana Code Annotated

Mont. Code Ann. § 49-3-101 (2026)

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✓ current as of May 2026

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TITLE 49. HUMAN RIGHTS

CHAPTER 3. GOVERNMENTAL CODE OF FAIR PRACTICES

Part 1. General Provisions

Definitions

49-3-101. Definitions. As used in this chapter, the following definitions apply:

(1) "Age" means number of years since birth. It does not mean level of maturity or ability to handle responsibility, which may represent legitimate considerations as reasonable grounds for discrimination without reference to age.

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

(3) (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 upon, because of, on the basis of, on the grounds of, or with regard to 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. Any accommodation that would require an undue hardship or that would endanger the health or safety of any person is not a reasonable accommodation.

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

(5) "State or local governmental agency" means:

(a) any branch, department, office, board, bureau, commission, agency, university unit, college, or other instrumentality of state government; or

(b) a county, city, town, school district, or other unit of local government and any instrumentality of local government.

(6) "Qualifications" means qualifications that are genuinely related to competent performance of the particular occupational task.

History: (1)En. 64-316 by Sec. 1, Ch. 487, L. 1975; Sec. 64-316, R.C.M. 1947; (2)En. 64-319 by Sec. 4, Ch. 487, L. 1975; amd. Sec. 11, Ch. 38, L. 1977; Sec. 64-319, R.C.M. 1947; R.C.M. 1947, 64-316, 64-319(part); amd. Sec. 13, Ch. 177, L. 1979; amd. Sec. 1, Ch. 540, L. 1983; amd. Sec. 2, Ch. 241, L. 1991; amd. Sec. 11, Ch. 407, L. 1993; amd. Sec. 28, Ch. 685, L. 2023.

Notes of Decisions

Cited in 7 cases, 1979–2012 · leading case: Akhtar v. Van De Wetering, 642 P.2d 149 (Mont. 1982).

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Akhtar v. Van De Wetering, 642 P.2d 149 (Mont. 1982). · cites it 4× “; and equal protection rights secured by Article II, Section 4, of the Constitution of the State of Montana and the Fourteenth Amendment to the United States Constitution.”

Thompson v. Bd. of Trs., Sch. Dist., Etc., 627 P.2d 1229 (Mont. 1981). · cites it 2× “, MCA, and the Governmental Code of Fair Practices, sections 49-3-101 et seq., MCA. William Boisvert, as high school principal for the defendant school board, and James Thompson, as superintendent of schools, filed a joint complaint alleging that the school board employment…”

Pulcino v. Fed. Express Corp., 9 P.3d 787 (Wash. 2000). “2000)); Montana ( Mont. Code Ann. § 49-3-101 (3)); Nebraska ( Neb.”

Montana Fair Hous., Inc. v. City of Bozeman, 854 F. Supp. 2d 832 (D. Mont. 2012). · cites it 2× “§ 7-1-4121 (9) and (15), and a local governmental agency as defined by Mont. Code Ann. § 49-3-101 (a), and as such its .”

Kenny v. Bd. of Trs. of Valley Cnty. Sch. Dist. Numbers 1 & 1-A, 543 F. Supp. 1194 (D. Mont. 1982). “(1979)) and the Montana Code of Fair Practices (MCA §§ 49-3-101 et seq. (1979)) by filing an administrative complaint with the Montana Human Rights Commission alleging discrimination by the Board on the basis of age in violation of those state statutes.”

Stone v. Belgrade Sch. Dist. No. 44, 703 P.2d 136 (Mont. 1985). · cites it 3× “"(1) State and local government officials and supervisory personnel shall recruit, appoint, assign, train, evaluate, and promote personnel on the basis of merit and qualifications without regard to race, color, religion, creed, political ideas, sex, age, marital status, physical…”

State Ex Rel. Pub. Employees Ret. Bd. v. Human Rights Div., 601 P.2d 1190 (Mont. 1979). ““a subterfuge to evade the purposes” of the Human Rights Act (sections 49-3-101 through 49-4-303, MCA).”

— Mont. Code Ann. § 49-3-101(1) — 1 case

Akhtar v. Van De Wetering, 642 P.2d 149 (Mont. 1982). “; and equal protection rights secured by Article II, Section 4, of the Constitution of the State of Montana and the Fourteenth Amendment to the United States Constitution.”

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.