Plaintiff seeks to recover actual, compensatory, liquidated, and punitive damages for discrimination based upon discrimination concerning his disability. Plaintiff submits a request to the court for lost salary and benefits, future lost salary and benefits, and compensatory damages for emotional pain and suffering.
Montana Complaint For Discriminatory Discharge Based Upon Race and Physical Handicap Jury Trial Demand
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FAQ
Ing to Section 2302(b) of Title 5 of the United States Code, any employee who has authority to take, direct others to take, recommend or approve personnel actions may not: Discriminate on the basis of race, color, religion, sex, national origin, age, disability, marital status, or political affiliation.
A person who believes that they have experienced illegal discrimination should contact the Montana Human Rights Bureau at (406) 444-2884 or 1-800-542-0807.
The Age Discrimination in Employment Act (ADEA), a federal law, forbids employment discrimination based on age for those over the age of 40. In addition, Montana law protects older individuals from wrongful discrimination based upon their age.
The Wrongful Discharge From Employment Act limits damages to persons who were wrongfully discharged to a maximum of four years lost wages and benefits plus interest. This amount can be offset by any interim earnings, including amounts the claimant could have earned with reasonable diligence.
No. Montana is not an ?at will? state. In some instances, the Wrongful Discharge From Employment Act does not apply, but generally, once an employee has completed the established probationary period, the employer needs to have good cause for termination.
On a state level, Montana enacted the Montana Human Rights Act which prohibits discrimination in employment based on race, creed, religion, color, national origin, age, physical or mental disability, marital status, or sex (including maternity and pregnancy)
The Montana Human Rights Act makes it illegal for an employer to discriminate on the basis of race, creed, religion, marital status, color, sex, physical or mental handicap, age, political belief, retaliation or national origin.
A complaint must be filed with the Human Rights Bureau within 180 days after the alleged unlawful discriminatory act occurred or was discovered. This time may be extended if the charging party has been taking part in an internal grievance procedure or if the party is asserting a violation of the housing provisions.