This bill revises Montana's whistleblower laws by introducing a burden shift in cases of retaliation. If a charging party establishes a prima facie case of retaliation, the responding party must then prove that their actions were not a pretext for unlawful retaliation. Additionally, in mixed motive cases where illegal retaliation is proven but the responding party can demonstrate that the same action would have occurred regardless, the responding party may recover damages. The bill amends existing sections of the Montana Code Annotated (MCA) related to wrongful discharge and retaliation, specifically sections 39-2-904, 49-2-301, and 49-3-209.
The amendments include the insertion of provisions that specify claims for wrongful discharge under the relevant sections may be subject to the new burden shift and damages framework established in the bill. This aims to enhance protections for whistleblowers and clarify the legal standards for retaliation claims, thereby promoting accountability among employers and ensuring that employees can report violations without fear of retribution.
Statutes affected: LC Text: 39-2-904, 49-2-301, 49-3-209