Montana Human Rights Bureau (HRB) Administrative Charge of Discrimination

CHARGE OF DISCRIMINATION

MONTANA DEPARTMENT OF LABOR & INDUSTRY

EMPLOYMENT RELATIONS DIVISION — HUMAN RIGHTS BUREAU

P.O. Box 8011, Helena, MT 59604 | (406) 444-2884 | erd.dli.mt.gov/human-rights

1. CHARGING PARTY (COMPLAINANT) INFORMATION

2. RESPONDENT (EMPLOYER / BUSINESS / HOUSING PROVIDER)

3. TYPE OF DISCRIMINATION CHARGED

Cause(s) of discrimination — check all that apply (Mont. Code Ann. § 49-2-303 to § 49-2-309):

• ☐ Race
• ☐ Color
• ☐ National origin / Ancestry
• ☐ Creed / Religion
• ☐ Sex (including pregnancy, childbirth, or related conditions)
• ☐ Sex — sexual orientation (per Bostock / Maloney)
• ☐ Sex — gender identity / gender expression (per Bostock / Maloney)
• ☐ Age (40 or older for federal ADEA dual-filing; MHRA prohibits age discrimination generally)
• ☐ Physical disability
• ☐ Mental disability
• ☐ Marital status
• ☐ Retaliation for protected activity (Mont. Code Ann. § 49-2-301)
• ☐ Genetic information (federal GINA dual-filing)
• ☐ Other: [________________________________]

Area of alleged discrimination — check all that apply:

• ☐ Employment (§ 49-2-303)
• ☐ Public accommodations (§ 49-2-304)
• ☐ Housing (§ 49-2-305)
• ☐ Education (§ 49-2-307)
• ☐ Financing / Credit (§ 49-2-309)
• ☐ State and local government services (§ 49-2-308)

Adverse action(s) taken — check all that apply (employment):

• ☐ Failure to hire
• ☐ Termination / Discharge
• ☐ Demotion
• ☐ Failure to promote
• ☐ Denial of pay / promotion / benefits
• ☐ Discipline / Suspension
• ☐ Harassment / Hostile work environment
• ☐ Failure to accommodate (disability or religion)
• ☐ Retaliation
• ☐ Constructive discharge
• ☐ Other: [________________________________]

4. KEY DATES

☐ Continuing violation: check if the conduct is ongoing as of filing.

5. STATEMENT OF FACTS (PARTICULARS)

5.1. Background of employment / relationship. I, [CHARGING PARTY NAME], was hired by Respondent on [__/__/____] as a [POSITION] at Respondent's [LOCATION]. My duties included [________________________________]. Throughout my employment, my performance was [satisfactory / commendable], as reflected in [REVIEWS / RAISES / COMMENDATIONS].

5.2. Protected class / status. I am a member of the following protected class(es): [RACE / SEX / GENDER IDENTITY / SEXUAL ORIENTATION / RELIGION / NATIONAL ORIGIN / AGE / DISABILITY / MARITAL STATUS]. [Describe relevant facts establishing protected status — e.g., "I am a 56-year-old transgender woman of Native American (Crow) heritage."]

5.3. Discriminatory conduct — incident-by-incident.

• Incident 1 — [__/__/____]: [Who did/said what; where; who else was present; what was said verbatim if remembered]
• Incident 2 — [__/__/____]: [Description]
• Incident 3 — [__/__/____]: [Description]
• Incident 4 — [__/__/____]: [Description]

5.4. Adverse employment action. On [__/__/____], Respondent [terminated / demoted / failed to promote / disciplined / denied accommodation / harassed] me. The stated reason was [REASON GIVEN]. I believe this stated reason is pretextual because [INCONSISTENCIES / SHIFTING REASONS / DEPARTURES FROM POLICY / FAVORABLE TREATMENT OF COMPARATORS].

5.5. Comparator evidence. Similarly situated employees outside my protected class — including [NAMES / TITLES] — engaged in the same or substantially similar conduct but were treated more favorably (e.g., were not disciplined, were promoted, retained their accommodations).

5.6. Internal complaint. I reported the discriminatory conduct internally to [NAME / TITLE / HR] on [__/__/____] by [METHOD: in person / email / written complaint]. Respondent [failed to investigate / retaliated / took no action / responded as follows: ____].

5.7. Retaliation (if applicable). After I engaged in the protected activity described above, Respondent took the following retaliatory action(s): [DESCRIBE] on [__/__/____]. The temporal proximity and [OTHER FACTS] establish a causal connection between my protected activity and the retaliation.

5.8. Reasonable accommodation (if applicable — disability/religion). I requested the following reasonable accommodation on [__/__/____]: [DESCRIBE]. Supporting documentation: [DOCTOR'S NOTE / CLERGY LETTER]. Respondent [denied / ignored / inadequately responded to] the request.

5.9. Witnesses.

5.10. Documentary evidence. I am attaching the following documents (or will produce upon request):

• ☐ Personnel file / offer letter / employment contract
• ☐ Performance evaluations
• ☐ Discipline / termination notices
• ☐ Email / text / chat communications
• ☐ Pay records / W-2s / pay stubs
• ☐ Medical or disability documentation
• ☐ Witness statements
• ☐ Internal complaint records
• ☐ Recordings (where lawful) and transcripts
• ☐ Other: [________________________________]

6. RELIEF REQUESTED

I request that the Human Rights Bureau investigate this Charge, find reasonable cause, and seek the following relief on my behalf:

• ☐ Reinstatement to my prior position with full seniority
• ☐ Back pay and lost benefits
• ☐ Front pay (in lieu of reinstatement)
• ☐ Reasonable accommodation
• ☐ Cease-and-desist order
• ☐ Anti-discrimination training for Respondent's workforce
• ☐ Posting of notice of MHRA rights
• ☐ Damages for emotional distress / humiliation (per Mont. Code Ann. § 49-2-506)
• ☐ Attorney's fees and costs (if represented)
• ☐ Mediation / informal resolution
• ☐ Other: [________________________________]

7. DUAL-FILING WITH EEOC

I hereby request that this Charge be dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") under the HRB-EEOC work-sharing agreement, to preserve my rights under:

• ☐ Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
• ☐ Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
• ☐ Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.
• ☐ Equal Pay Act, 29 U.S.C. § 206(d)
• ☐ Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff et seq.
• ☐ Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k)
• ☐ Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg et seq.

I understand that under the dual-filing arrangement, the HRB will investigate first, and the EEOC will adopt the HRB's findings unless I request a substantial-weight review.

8. PRIOR PROCEEDINGS

9. VERIFICATION (UNDER OATH)

I, [CHARGING PARTY NAME], declare under penalty of perjury under the laws of the State of Montana that I have read the foregoing Charge of Discrimination and that the matters stated herein are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]

Print Name: [CHARGING PARTY NAME]

Date: [__/__/____]

STATE OF MONTANA

COUNTY OF [COUNTY]

Subscribed and sworn to before me this [____] day of [_______________], 20[____], by [CHARGING PARTY NAME], who is personally known to me or who produced [IDENTIFICATION] as identification.

[________________________________]

Notary Public for the State of Montana

Residing at: [CITY], Montana

(My Commission Expires: [_______________])

10. AUTHORIZED REPRESENTATIVE (IF APPLICABLE)

11. CHARGING PARTY ACKNOWLEDGMENTS

I understand and acknowledge:

• ☐ I have 180 days from the date of the most recent discriminatory act to file with HRB. Mont. Code Ann. § 49-2-501(2).
• ☐ HRB will investigate and aim to issue a reasonable-cause determination within 180 days. Mont. Code Ann. § 49-2-504.
• ☐ HRB may offer mediation or informal resolution.
• ☐ If HRB finds no reasonable cause or otherwise dismisses the Charge, I have 90 days from the Notice of Dismissal to commence a civil action in Montana district court. Mont. Code Ann. § 49-2-512(3). Failure to file within 90 days bars my claim.
• ☐ The MHRA is the exclusive state-law remedy for discrimination claims in Montana; I cannot file a separate state common-law tort action for the same discriminatory conduct. Mont. Code Ann. § 49-2-512(1).
• ☐ Punitive damages are NOT available under the MHRA in employment cases. (They are available only in housing cases under § 49-2-510 where there has been a prior similar adjudication.)
• ☐ I may request that this Charge be dual-filed with the EEOC; the federal filing deadline is 300 days where dual-filed.
• ☐ Retaliation against me for filing this Charge is independently prohibited by Mont. Code Ann. § 49-2-301 and federal civil rights law.
• ☐ I may withdraw this Charge at any time before reasonable-cause determination, but the 180-day filing deadline will continue to run.

Signature: [________________________________]

Date: [__/__/____]

12. MONTANA PRACTICE NOTES (FOR ATTORNEY OR PRO SE FILER)

• Where to file. Submit to HRB by mail (P.O. Box 8011, Helena, MT 59604), in person (301 South Park Avenue, Floors 4 & 5, Helena), or by telephone intake at (406) 444-2884. The HRB will assign a Charge number and a staff investigator.
• Verification required. Mont. Code Ann. § 49-2-501(1) mandates a written, verified complaint. Notarize or have HRB administer the oath at intake.
• 180-day deadline is jurisdictional. Untimely charges are dismissed without investigation. Calculate from the most recent discriminatory act, not the date of the underlying decision if there has been continuing harassment.
• Internal grievance extension. The 180-day deadline may be extended where the charging party has been pursuing an internal grievance procedure. Document the grievance carefully.
• Investigation phase. HRB may schedule mediation, conduct interviews, request a Respondent position statement, and issue requests for information. Cooperation is required and refusal may result in adverse inferences.
• Reasonable cause determination. If HRB finds reasonable cause, the matter proceeds to conciliation and may go to a contested-case hearing before a Hearing Officer of the Office of Administrative Hearings (OAH). Mont. Code Ann. § 49-2-505. Final OAH orders may be appealed to the Human Rights Commission and then to district court.
• No reasonable cause / dismissal. Triggers the 90-day district-court deadline under § 49-2-512(3). Calendar this date upon receipt of the Notice.
• Sex / sexual orientation / gender identity. Per Bostock v. Clayton County, 590 U.S. 644 (2020), and Montana administrative authority including Maloney v. Yellowstone County (Mont. HRB 2020), the MHRA's "sex" classification protects sexual orientation and gender identity.
• Local protections (Helena, Missoula, Bozeman, Butte-Silver Bow, Whitefish). These municipalities have adopted nondiscrimination ordinances with separate complaint procedures that can be pursued in parallel with HRB.
• Retaliation is independent. A retaliatory adverse action after a charge is filed creates a NEW 180-day period for a retaliation charge. File a supplemental or amended charge promptly.
• Federal preservation. Always check the EEOC dual-filing box. The federal Title VII / ADEA / ADA claim has a 300-day deadline when dual-filed.

13. SOURCES AND REFERENCES

• Montana Human Rights Bureau — Filing a Complaint — https://erd.dli.mt.gov/human-rights/filing-a-complaint/
• HRB Process Flow Chart — https://erd.dli.mt.gov/_docs/human-rights/humanrightsprocessflow.pdf
• HRB FAQ — https://erd.dli.mt.gov/human-rights/faq
• MCA Title 49, Chapter 2 — https://mca.legmt.gov/bills/mca/title_0490/chapter_0020/parts_index.html
• MCA § 49-2-303 (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) — https://mca.legmt.gov/bills/mca/title_0490/chapter_0020/part_0050/section_0010/0490-0020-0050-0010.html
• MCA § 49-2-512 (District court filing) — https://mca.legmt.gov/bills/mca/title_0490/chapter_0020/part_0050/section_0120/0490-0020-0050-0120.html
• Admin. R. Mont. 24.9.201 et seq. (HRB procedural rules) — https://rules.mt.gov/
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Maloney v. Yellowstone County (Mont. HRB 2020) — https://www.aclumontana.org/news/gender-identity-protected-montana-human-rights-act/
• EEOC State and Local Agencies (FEPAs) — https://www.eeoc.gov/field-office/charge-state-local-agency

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Filing a charge of discrimination has legal consequences and triggers strict deadlines. Have this document reviewed by a Montana-licensed attorney before submission. Verify all HRB addresses, contact information, and procedural rules at the time of filing.