Montana State Civil Rights Complaint (MHRA)

COMPLAINT FOR EMPLOYMENT DISCRIMINATION UNDER THE MONTANA HUMAN RIGHTS ACT — STATE OF MONTANA

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion
5. Factual Allegations
6. Count I — Discrimination Under the Montana Human Rights Act, MCA § 49-2-303
7. Count II — Retaliation Under the Montana Human Rights Act, MCA § 49-2-301
8. Count III — Title VII of the Civil Rights Act of 1964 (Federal)
9. Count IV — Parallel Federal Statutory Counts
10. Damages
11. Prayer for Relief
12. Demand for Trial by Jury
13. Reservation of Rights
14. Signature and Service Blocks
15. Verification
16. Certificate of Service
17. Montana Practice Notes
18. Sources and References

1. CAPTION

MONTANA [____] JUDICIAL DISTRICT COURT

[COUNTY NAME] COUNTY

Cause No. [________________________________]

Hon. [JUDGE NAME] (assigned)

COMPLAINT AND DEMAND FOR JURY TRIAL

(Employment Discrimination — Montana Human Rights Act and Federal Civil Rights Statutes)

2. INTRODUCTION

2.1. This is a civil action for unlawful employment discrimination, harassment, and retaliation in violation of the Montana Human Rights Act ("MHRA"), Mont. Code Ann. § 49-2-101 et seq., and parallel federal civil rights statutes including Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.

2.2. Plaintiff has fully exhausted the administrative remedies required by Mont. Code Ann. § 49-2-512(1) and brings this action within the 90-day post-dismissal window prescribed by § 49-2-512(3).

2.3. Plaintiff seeks compensatory damages, equitable relief (back pay, front pay, reinstatement), declaratory relief, prejudgment interest, costs, and reasonable attorney's fees, together with such punitive damages as may be available under the parallel federal counts.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is a resident of [COUNTY] County, Montana, and was at all relevant times an "employee" of Defendant within the meaning of Mont. Code Ann. § 49-2-101(11) and 42 U.S.C. § 2000e(f).

3.2. Defendant [EMPLOYER NAME] ("Employer") is a [corporation / LLC / partnership / sole proprietorship] organized under the laws of [STATE] and registered to do business in Montana. Employer maintains a principal place of business at [ADDRESS], [CITY], Montana, and at all relevant times employed one or more persons within the State of Montana, qualifying as an "employer" under Mont. Code Ann. § 49-2-101(12). Employer also employs fifteen or more persons and is therefore an "employer" within the meaning of 42 U.S.C. § 2000e(b).

3.3. Defendant [INDIVIDUAL DEFENDANT] is a resident of [COUNTY] County, Montana, and at all relevant times acted as [TITLE / SUPERVISOR / OFFICER] of Employer with authority over Plaintiff's employment.

3.4. Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction pursuant to Mont. Const. Art. VII, § 4 and Mont. Code Ann. §§ 3-5-302 and 49-2-512.

3.5. Venue. Venue is proper in [COUNTY] County under Mont. Code Ann. § 25-2-122 because the unlawful employment practices alleged herein occurred in [COUNTY] County, Montana, and Defendant transacts business there.

3.6. Personal Jurisdiction. Defendants are subject to the personal jurisdiction of this Court because they reside in or transact substantial business within the State of Montana and committed the tortious acts alleged herein within Montana. Mont. R. Civ. P. 4(b)(1).

4. ADMINISTRATIVE EXHAUSTION

4.1. On [DATE], Plaintiff timely filed a verified charge of discrimination with the Montana Human Rights Bureau ("HRB"), Charge No. [HRB CHARGE NUMBER], within 180 days of the most recent unlawful discriminatory act, as required by Mont. Code Ann. § 49-2-501(2).

4.2. The HRB charge was dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") pursuant to the HRB-EEOC work-share agreement, EEOC Charge No. [EEOC CHARGE NUMBER].

4.3. On [DATE], the HRB issued a Notice of Dismissal and Right to File a Civil Action in District Court pursuant to Mont. Code Ann. § 49-2-512. A true and correct copy is attached as Exhibit A.

4.4. On [DATE], the EEOC issued a Notice of Right to Sue pursuant to 42 U.S.C. § 2000e-5(f)(1). A true and correct copy is attached as Exhibit B.

4.5. This Complaint is filed within ninety (90) days of the HRB's Notice of Dismissal, in compliance with Mont. Code Ann. § 49-2-512(3), and within ninety (90) days of the EEOC's Right-to-Sue letter, in compliance with 42 U.S.C. § 2000e-5(f)(1).

4.6. Plaintiff has thereby satisfied all conditions precedent to suit and exhausted all required administrative remedies.

5. FACTUAL ALLEGATIONS

5.1. Plaintiff was hired by Defendant on or about [HIRE DATE] as [POSITION / TITLE] at Defendant's [LOCATION] worksite.

5.2. Throughout Plaintiff's employment, Plaintiff performed Plaintiff's duties competently and met or exceeded all legitimate performance expectations, as reflected in [PERFORMANCE REVIEWS / COMMENDATIONS / PROMOTIONS].

5.3. Plaintiff is a member of one or more classes protected under the MHRA and federal civil rights laws, namely: [race / color / national origin / religion / creed / age / sex (including sexual orientation and gender identity) / disability / marital status].

5.4. Discriminatory Conduct. Beginning on or about [DATE], Plaintiff was subjected to adverse employment actions and a discriminatory and/or hostile work environment. Specifically:

• [DESCRIBE INCIDENT 1 — date, actor, location, conduct, witnesses];
• [DESCRIBE INCIDENT 2];
• [DESCRIBE INCIDENT 3];
• [ADVERSE ACTION — termination / demotion / failure to promote / discipline / pay disparity / denial of accommodation].

5.5. Comparator Evidence. Similarly situated employees outside Plaintiff's protected class(es) — including [NAMES / TITLES] — engaged in the same or substantially similar conduct but were treated more favorably by Defendant.

5.6. Pretext. Defendant's stated reason(s) for the adverse action — namely, [STATED REASON] — are pretextual, as evidenced by [INCONSISTENCIES / SHIFTING EXPLANATIONS / FALSE FACTUAL PREMISES / DEPARTURES FROM POLICY].

5.7. Protected Activity (Retaliation). On or about [DATE], Plaintiff engaged in activity protected by Mont. Code Ann. § 49-2-301 by [FILING INTERNAL COMPLAINT / OPPOSING DISCRIMINATION / FILING HRB CHARGE / PARTICIPATING IN INVESTIGATION]. Defendant thereafter subjected Plaintiff to [RETALIATORY ACT] on [DATE], in close temporal proximity to and because of the protected activity.

5.8. Damages Sustained. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered lost wages, lost benefits, lost employment opportunities, emotional distress, humiliation, anxiety, loss of professional reputation, and other compensable injuries.

6. COUNT I — DISCRIMINATION UNDER THE MONTANA HUMAN RIGHTS ACT, MCA § 49-2-303

6.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.8 as though fully set forth herein.

6.2. Mont. Code Ann. § 49-2-303(1)(a) makes it an unlawful discriminatory practice for an employer "to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, creed, religion, color, or national origin or because of age, physical or mental disability, marital status, or sex."

6.3. Plaintiff is a member of one or more of the protected classes enumerated in § 49-2-303(1)(a). Following the U.S. Supreme Court's decision in Bostock v. Clayton County, 590 U.S. 644 (2020), and Montana administrative authority including Maloney v. Yellowstone County (Mont. Human Rights Bureau 2020), the MHRA's protection on the basis of "sex" extends to sexual orientation and gender identity.

6.4. Defendant is an "employer" under Mont. Code Ann. § 49-2-101(12) and is subject to the MHRA, which applies to all employers having one or more employees.

6.5. Defendant subjected Plaintiff to one or more adverse employment actions, including without limitation [ADVERSE ACTION], because of Plaintiff's protected class membership.

6.6. Plaintiff was qualified for and capable of performing the essential functions of Plaintiff's position, with or without reasonable accommodation.

6.7. Defendant's stated reasons for the adverse action are pretextual, and the true reason was Plaintiff's membership in one or more protected classes.

6.8. As a direct and proximate result of Defendant's violations of the MHRA, Plaintiff has suffered the damages described in Paragraph 5.8 and herein.

7. COUNT II — RETALIATION UNDER THE MONTANA HUMAN RIGHTS ACT, MCA § 49-2-301

7.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 6.8 as though fully set forth herein.

7.2. Mont. Code Ann. § 49-2-301 prohibits any person from discharging, expelling, or otherwise discriminating against any person because that person has opposed any practice forbidden under the MHRA, filed a complaint, testified, or assisted in any proceeding under the MHRA.

7.3. Plaintiff engaged in protected activity, as set forth in Paragraph 5.7.

7.4. Defendant knew of Plaintiff's protected activity and subjected Plaintiff to a materially adverse employment action [DESCRIBE] because of that protected activity.

7.5. The temporal proximity between Plaintiff's protected activity and the adverse action, together with [OTHER INDICIA OF CAUSATION — e.g., shift in supervisor's conduct, contemporaneous statements], establishes a causal connection.

7.6. As a direct and proximate result, Plaintiff has suffered the damages described herein.

8. COUNT III — TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 (FEDERAL)

8.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 7.6 as though fully set forth herein.

8.2. Title VII, 42 U.S.C. § 2000e-2(a), prohibits employment discrimination on the basis of race, color, religion, sex (including sexual orientation and gender identity, see Bostock v. Clayton County, 590 U.S. 644 (2020)), or national origin.

8.3. Defendant is an "employer" under 42 U.S.C. § 2000e(b), employing fifteen or more employees in each of twenty or more calendar weeks in the current or preceding calendar year.

8.4. Defendant intentionally discriminated against Plaintiff in violation of Title VII as set forth in Paragraphs 5.1 through 5.8.

8.5. Plaintiff has timely exhausted all conditions precedent to suit under Title VII, including the EEOC charge and Right-to-Sue letter described in Paragraphs 4.2 and 4.4.

8.6. Plaintiff is entitled to compensatory damages, punitive damages (where applicable under 42 U.S.C. § 1981a), back pay, front pay, reinstatement, attorney's fees, and costs.

9. COUNT IV — PARALLEL FEDERAL STATUTORY COUNTS

9.1. 42 U.S.C. § 1981 (Race / Ethnicity). Defendant intentionally interfered with Plaintiff's right to make and enforce contracts on the same terms as white citizens, in violation of 42 U.S.C. § 1981. Punitive damages and a four-year limitations period are available under this count.

9.2. Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. Plaintiff is a qualified individual with a disability under 42 U.S.C. § 12102, and Defendant failed to provide reasonable accommodation, engaged in disability-based discrimination, and/or retaliated against Plaintiff for requesting accommodation, in violation of 42 U.S.C. §§ 12112, 12203.

9.3. Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. Plaintiff is over the age of forty (40) and was subjected to age-based adverse employment actions in violation of 29 U.S.C. § 623.

9.4. Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k). Defendant discriminated against Plaintiff on the basis of pregnancy, childbirth, or related medical conditions.

9.5. Equal Pay Act, 29 U.S.C. § 206(d). Defendant paid Plaintiff at a lower rate than employees of the opposite sex performing equal work under similar working conditions.

10. DAMAGES

10.1. Economic Damages. Lost wages, lost benefits, lost bonuses and commissions, lost retirement contributions, lost stock options, and lost employment opportunities, in an amount to be proven at trial, together with prejudgment interest at the statutory rate.

10.2. Front Pay / Reinstatement. Reinstatement to Plaintiff's prior position with full seniority, or in the alternative, front pay in lieu of reinstatement.

10.3. Compensatory Damages (Federal Counts and MHRA). Damages for emotional distress, humiliation, anxiety, mental anguish, loss of professional reputation, and other non-economic harm, subject to applicable statutory caps under 42 U.S.C. § 1981a.

10.4. Punitive Damages (Federal Counts Only). On the parallel federal counts, where the statutory predicates are met, Plaintiff seeks punitive damages pursuant to 42 U.S.C. § 1981a and/or 42 U.S.C. § 1981, subject to the caps in 42 U.S.C. § 1981a(b)(3).

10.5. Attorney's Fees and Costs. Reasonable attorney's fees and costs pursuant to Mont. Code Ann. § 49-2-512(3), 42 U.S.C. § 2000e-5(k), and 42 U.S.C. § 1988.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in Plaintiff's favor and against Defendants, jointly and severally, granting the following relief:

• A. Declaratory judgment that Defendants' conduct violated the Montana Human Rights Act and federal civil rights laws;
• B. Injunctive relief enjoining Defendants from further discriminatory or retaliatory conduct;
• C. Reinstatement of Plaintiff to Plaintiff's prior position, or front pay in lieu thereof;
• D. Back pay, lost benefits, and other economic damages;
• E. Compensatory damages for emotional distress and other non-economic harm;
• F. Punitive damages on the federal counts, as provided by 42 U.S.C. § 1981a and/or 42 U.S.C. § 1981;
• G. Prejudgment and post-judgment interest at the statutory rate;
• H. Reasonable attorney's fees and costs pursuant to Mont. Code Ann. § 49-2-512(3), 42 U.S.C. § 2000e-5(k), and 42 U.S.C. § 1988;
• I. Such other and further relief as the Court deems just and equitable.

12. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Mont. R. Civ. P. 38, Mont. Const. Art. II, § 26, and 42 U.S.C. § 1981a(c).

13. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to assert additional claims, add additional parties, and supplement factual allegations as discovery may reveal, consistent with Mont. R. Civ. P. 15.

14. SIGNATURE AND SERVICE BLOCKS

Dated this [____] day of [_______________], 20[____].

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Mont. Bar No. [####]

Attorney for Plaintiff

[FIRM ADDRESS]

[CITY, MT ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

15. VERIFICATION

STATE OF MONTANA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn upon oath, depose and say: I am the Plaintiff in the foregoing action; I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those, I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public for the State of Montana

Residing at: [CITY], Montana

(My Commission Expires: [_______________])

16. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [_______________], 20[____], a true and correct copy of the foregoing COMPLAINT AND DEMAND FOR JURY TRIAL was served upon the following by [METHOD: U.S. Mail, postage prepaid / personal service / E-Service via Montana Courts e-filing]:

[DEFENDANT'S COUNSEL OR REGISTERED AGENT]

[ADDRESS]

[________________________________]

[ATTORNEY NAME]

17. MONTANA PRACTICE NOTES

• Exhaustion is jurisdictional. Mont. Code Ann. § 49-2-512(1) makes the MHRA the exclusive state-law remedy for unlawful discrimination. A district court may not entertain an MHRA claim except by the procedures specified in Chapter 2. Failure to exhaust is fatal. See Harrison v. Chance, 244 Mont. 215 (1990); Vainio v. Brookshire, 258 Mont. 273 (1993).
• Statute of limitations / 90-day window. A civil action must be filed within 90 days after the HRB issues a Notice of Dismissal. § 49-2-512(3). The deadline is strictly enforced and is not extended by EEOC processing.
• HRB filing deadline. The administrative charge must be filed with the HRB within 180 days of the discriminatory act (or its discovery). § 49-2-501(2). Internal grievance procedures may extend this period.
• EEOC dual filing. Through the HRB-EEOC work-sharing agreement, the federal 300-day filing deadline applies when claims are dual-filed and the federal statute (Title VII, ADEA, ADA) is also implicated.
• No punitive damages on MHRA employment counts. Punitive damages under the MHRA are authorized only in housing-discrimination cases under § 49-2-510 where there has been a prior similar adjudication. Plead punitives only on the parallel federal counts.
• Employer coverage threshold is ONE employee. Unlike Title VII (15 employees) or the ADEA (20 employees), the MHRA covers all employers with one or more employees. Mont. Code Ann. § 49-2-101(12).
• Sex includes sexual orientation and gender identity. Following Bostock v. Clayton County, 590 U.S. 644 (2020), and Montana administrative authority (see Maloney v. Yellowstone County (Mont. HRB 2020)), discrimination based on sexual orientation or gender identity is sex discrimination under the MHRA.
• Jury trial. MHRA plaintiffs filing in district court have a right to a jury trial under Mont. Const. Art. II, § 26 and Mont. R. Civ. P. 38.
• Attorney's fees. District courts may, in their discretion, award reasonable attorney's fees and costs to the prevailing party under § 49-2-512(3). Federal fee-shifting statutes (42 U.S.C. §§ 1988, 2000e-5(k)) provide a mandatory presumption favoring prevailing plaintiffs.
• Wrongful Discharge from Employment Act (WDEA) interplay. Mont. Code Ann. § 39-2-901 et seq. is generally preempted by the MHRA where the discharge is alleged to be discriminatory. See § 39-2-912(1). Plaintiff should not plead a parallel WDEA count for discriminatory discharge.
• Service of process. Serve corporate defendants per Mont. R. Civ. P. 4(i) on the registered agent listed with the Montana Secretary of State.
• Local Helena/Missoula/Bozeman/Butte/Whitefish ordinances. These municipalities have additional protections (e.g., sexual orientation, gender identity in public accommodations) that may support supplemental local-law counts.

18. SOURCES AND REFERENCES

• Montana Code Annotated, Title 49, Chapter 2 (Illegal Discrimination) — https://mca.legmt.gov/bills/mca/title_0490/chapter_0020/parts_index.html
• MCA § 49-2-303 (Discrimination in employment) — https://mca.legmt.gov/bills/mca/title_0490/chapter_0020/part_0030/section_0030/0490-0020-0030-0030.html
• MCA § 49-2-501 (Filing of complaint) — https://mca.legmt.gov/bills/mca/title_0490/chapter_0020/part_0050/section_0010/0490-0020-0050-0010.html
• MCA § 49-2-512 (Filing in district court) — https://mca.legmt.gov/bills/mca/title_0490/chapter_0020/part_0050/section_0120/0490-0020-0050-0120.html
• Montana Human Rights Bureau (HRB) — https://erd.dli.mt.gov/human-rights/
• Montana Rules of Civil Procedure — https://courts.mt.gov/Forms/rules
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Maloney v. Yellowstone County (Mont. Human Rights Bureau 2020) — https://www.aclumontana.org/news/gender-identity-protected-montana-human-rights-act/
• Harrison v. Chance, 244 Mont. 215, 797 P.2d 200 (1990) (exhaustion)
• Vainio v. Brookshire, 258 Mont. 273, 852 P.2d 596 (1993) (MHRA exclusivity)
• Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
• ADA, ADEA, EPA, § 1981 — federal civil rights statutes
• EEOC-FEPA Work-Sharing Agreement (HRB-EEOC) — https://www.eeoc.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Laws, citations, and court rules change frequently. An attorney licensed in Montana must review and customize this document before filing. Verify all statutory authorities and procedural rules at the time of filing.