A. Any unlawful discrimination specifically addressed by the Montana human rights act shall be submitted to the Montana department of labor and industry pursuant to title 49, chapter 2, Montana Code Annotated.
B. Violations of sections not specifically addressed by Montana state law are to be civil municipal ordinance violations within the exclusive jurisdiction of the Whitefish municipal court pursuant to Montana Code Annotated section 3-6-103. The Montana rules of civil procedure shall apply, except and unless the municipal court establishes alternative rules of civil procedure for matters within the exclusive jurisdiction of the municipal court.
C. Any person claiming a violation of this chapter may seek civil remedies, injunctive relief, attorney fees or other equitable relief by petitioning the Whitefish municipal court. Prior to the filing of any petition in Whitefish municipal court under this chapter, a person must have:
1. Filed or sought to file a timely complaint with the Montana human rights bureau alleging discrimination in employment, public accommodations or housing, or retaliation; and
2. Received a disposition of the complaint from the Montana human rights bureau, the Montana department of labor and industry hearings bureau, the Montana human rights commission, the equal opportunity commission, or any Montana court indicating that the acts of alleged discrimination or retaliation underlying the complaint do not fall within the scope of the Montana human rights act or applicable federal law.
For purposes of this section, the term "timely" shall mean filed with the Montana human rights bureau within the time frames set forth in Montana Code Annotated section 49-2-501.
Any person claiming a violation of this chapter must file a petition with the Whitefish municipal court within ninety (90) days of receipt of the written disposition referenced in subsection C2 of this section. (Ord. 16-07, 4-5-2016)