39-2-314. Civil action limitation. (1) Except as provided in subsection (2), an individual who is discharged, discriminated against, or denied employment in violation of 39-2-313 may file a civil action against an employer within 1 year of the alleged violation and the court may require any reasonable measure to correct the discriminatory practice and to rectify the harm, pecuniary or otherwise, to the person discriminated against and may allow reasonable attorney fees to the prevailing party.
(2) Prior to filing a civil action under subsection (1), an employee shall, within 120 days of the alleged violation, initiate any internal grievance procedure available. If a grievance procedure is not exhausted within 120 days, the employee may file a civil action.
History: En. Sec. 2, Ch. 193, L. 1993.
Structure Montana Code Annotated
Chapter 2. The Employment Relationship
Part 3. General Prohibitions on Employers
39-2-302. Discharge or layoff of employee because of attachment or garnishment prohibited
39-2-304. Lie detector tests prohibited
39-2-305. Employment of aliens not lawfully authorized to accept employment prohibited
39-2-306. Employment of persons under 18 years of age as bartenders prohibited
39-2-308. through 39-2-312 reserved
39-2-313. Discrimination prohibited for use of lawful product during nonworking hours -- exceptions