This bill revises Montana's whistleblower laws by introducing a burden-shifting framework 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 to these sections include the insertion of language that specifies claims for wrongful discharge may be subject to the new provisions outlined in the bill. This change aims to clarify the legal framework surrounding wrongful discharge claims and ensure that the burden of proof is appropriately allocated in retaliation cases. Overall, the bill seeks to strengthen protections for whistleblowers while also providing a clearer process for addressing claims of retaliation in the workplace.

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