1. (1) It is unlawful to retaliate against or otherwise discriminate against a person because the person engages in protected activity. A significant adverse act against a person because the person has engaged in protected activity or is associated with or related to a person who has engaged in protected activity is illegal retaliation. "Protected activity" means the exercise of rights under the act or code and may include:

   1. (a) aiding or encouraging others in the exercise of rights under the act or code;
   2. (b) opposing any act or practice made unlawful by the act or code; and
   3. (c) filing a charge, testifying, assisting or participating in any manner in an investigation, proceeding or hearing to enforce any provision of the act or code.

2. (2) Significant adverse acts are those that would dissuade a reasonable person from engaging in a protected activity. This may include the following:

   1. (a) violence or threats of violence, malicious damage to property, coercion, intimidation, harassment, the filing of a factually or legally baseless civil action or criminal complaint, or other interference with the person or property of an individual;
   2. (b) discharge, demotion, denial of promotion, denial of benefits or other material adverse employment action;
   3. (c) expulsion, blacklisting, denial of privileges or access, or other action adversely affecting the availability of goods, services, facilities, or advantages of a public accommodation;
   4. (d) eviction, denial of services or privileges, or other action adversely affecting the availability of housing opportunities; and
   5. (e) denial of credit, financing, insurance, educational, governmental or other services, benefits or opportunities.
3. (3) When a respondent or agent of a respondent has actual or constructive knowledge that proceedings are or have been pending with the department, with the commission or in court to enforce a provision of the act or code, significant adverse action taken by respondent or the agent of respondent against a charging party or complainant while the proceedings were pending or within six months following the final resolution of the proceedings will create a disputable presumption that the adverse action was in retaliation for protected activity.

Authorizing statute(s): 49-2-204, 49-3-106, MCA

Implementing statute(s): 49-2-301, 49-3-209, MCA

History: NEW, 1996 MAR p. 2871, Eff. 10/25/96; AMD, 1998 MAR p. 3201, Eff. 12/4/98; AMD, 2017 MAR p. 91, Eff. 1/7/17.