50-4-1204. Remedies, MCA

Montana Code Annotated 2025

TITLE 50. HEALTH AND SAFETY

CHAPTER 4. HEALTH CARE POLICY

Part 12. Safety and Privacy -- Covered Entities

Remedies

50-4-1204. Remedies. (1) An individual who, while accessing a restroom or changing room designated for use by the individual's sex, encounters another individual of the opposite sex in the restroom or changing room has a private cause of action for declaratory and injunctive relief, nominal damages, and any other appropriate relief against the covered entity that:

(a) provided the other individual permission to use a restroom or changing room designated for the opposite sex; or

(b) failed to take reasonable steps to prohibit the other individual from using the restroom or changing room designated for the opposite sex.

(2) An individual who is required by a covered entity to share sleeping quarters with an individual of the opposite sex has a private cause of action for declaratory and injunctive relief, nominal damages, and any other appropriate relief against the covered entity.

(3) (a) All civil actions brought pursuant to this section must be initiated within 2 years after the violation occurred.

(b) An individual aggrieved under this section who prevails in court may recover reasonable attorney fees and costs from the offending covered entity.

History: En. Sec. 4, Ch. 33, L. 2025.