Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.9 - HUMAN RIGHTS COMMISSION
Subchapter 24.9.6 - Proof Of Unlawful Discrimination
Rule 24.9.603 - RETALIATION AND COERCION PROHIBITED
Current through Register Vol. 6, March 22, 2024
(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:
(2) Significant adverse acts are those that would dissuade a reasonable person from engaging in a protected activity. This may include the following:
(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.
AUTH: 49-2-204, 49-3-106, MCA; IMP: 49-2-301, 49-3-209, MCA