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Discrimination at Work

MCA 49-2-303 — no job decisions by race, creed, religion, color, national origin, age, disability, marital status or sex, and 180 days to complain

An employer may not refuse to hire, fire or treat a person differently in pay or the terms of the job because of race, creed, religion, color, national origin, age, physical or mental disability, marital status or sex, unless the reasonable demands of the position require the distinction.

  • MCA 49-2-303
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Who handles this in Montana: Disability Rights Montana and Montana Fair Housing; and legal aid programs, lawyer referral and the state offices, listed in the Montana directory.

Job ads and applications may not express such a limitation unless it is a bona fide occupational qualification, and those exceptions are read strictly.

  • MCA 49-2-303

Retaliation. It is unlawful to fire, blacklist or otherwise discriminate against someone for opposing a forbidden practice, or for filing a complaint, testifying or taking part in an investigation.

A written, verified complaint is filed with the department within 180 days after the practice occurred or was discovered. A grievance under a contract or written policy can extend that time, within limits.

Sources for this section (3)
  1. MCA 49-2-303 — Discrimination in employment
  2. MCA 49-2-301 — Retaliation prohibited
  3. MCA 49-2-501 — Filing complaints

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

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