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Under the Montana Human Rights Act “employer” means an employer of one or more persons or an agent of the employer but does not include a fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for private profit or to provide accommodations or services that are available on a non-membership basis.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Americans With Disabilities Act. For example, the state law includes an exemption for a bona fide occupational qualification, and includes provisions for reasonable accommodations.
Generally, complaints must be filed within 180 days of the date of the alleged discrimination under Montana law.
If a complaint has followed a written grievance procedure established by a collective bargaining agreement, contract, or written rule or policy to resolve the dispute, the complaint must be filed within 300 days of the alleged discrimination.
If a discrimination complaint is filed, the respondent must preserve all personnel records relevant to the complaint until final disposition of the complaint. These include personnel records relating to the complainant and to all other employees holding positions similar to that held or sought by the complainant and application forms or test papers completed by an unsuccessful applicant and all other candidates for the same position.
Human Rights Act, Montana Code Title 49
Administrative Rules, Title 24, Chapters 8 and 9