{"data":{"id":"us-mt/49-3-103","jurisdiction":"us-mt","citation":"49-3-103","heading":"Permitted distinctions.","body":"(1) Nothing in this chapter prohibits any public employer:\n(a) from enforcing a differentiation based on marital status, age, or physical or mental disability when based on a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or where the differentiation is based on reasonable factors other than age;\n(b) from observing the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this chapter, except that an employee benefit plan may not excuse the failure to hire any individual;\n(c) from discharging or otherwise disciplining an individual for good cause; or\n(d) from providing greater or additional contributions to a bona fide group insurance plan for employees with dependents than to those employees without dependents or with fewer dependents.\n(2) The application of an employment preference as provided for in 2-18-111, 10-2-402, 18-1-110, and Title 39, chapter 29 or 30, by a public employer as defined in 39-29-101 and 39-30-103 may not be construed to constitute a violation of this chapter.","path":["TITLE 49. HUMAN RIGHTS","CHAPTER 3. GOVERNMENTAL CODE OF FAIR PRACTICES","Part 1. General Provisions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0490/chapter_0030/part_0010/section_0030/0490-0030-0010-0030.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:56:02Z","sha256":"5b8f066ec89376195f5e391857b160c310ae79a5922f817d9ff4eaa03b344f35","source_id":"us-mt","stale":false,"prev":"us-mt/49-3-102","next":"us-mt/49-3-104"},"notice":"GroundRules: Original legal text. Not legal advice."}