The bill aims to revise whistleblower laws in Montana by introducing a burden shift in cases of retaliation. Specifically, 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. This new legal framework is codified in a new section and applies to claims under existing statutes 39-2-904, 49-2-301, and 49-3-209.

Furthermore, the bill amends the existing laws to clarify that claims for wrongful discharge under these sections may be subject to the new provisions regarding burden shifting and damages in mixed motive cases. The amendments to sections 39-2-904, 49-2-301, and 49-3-209 reinforce the protections against retaliation and ensure that the legal standards for wrongful discharge are updated to reflect these changes.

Statutes affected:
LC Text: 39-2-904, 49-2-301, 49-3-209