42-7-203. Remedies -- statute of limitations, MCA

Montana Code Annotated 2025

TITLE 42. ADOPTION

CHAPTER 7. FEES AND PROHIBITED ACTIVITIES RELATED TO ADOPTION

Part 2. Prohibited Acts -- Discrimination

Remedies -- Statute Of Limitations

42-7-203. Remedies -- statute of limitations. (1) A person may assert a violation of 42-7-202 as a claim against the state government in a judicial or administrative proceeding or as a defense in a judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, a private person, or another party.

(2) An action alleging a violation of 42-7-202:

(a) must be brought no later than 2 years after the date the person knew or should have known that a discriminatory action was taken against the person; and

(b) may be commenced, and relief may be granted, without regard to whether the person bringing the action has sought or exhausted available administrative remedies.

(3) A person who successfully asserts a claim or defense for a violation of 42-7-202 may recover:

(a) declaratory or injunctive relief;

(b) compensatory damages;

(c) reasonable attorney fees and costs; and

(d) any other appropriate relief.

History: En. Sec. 3, Ch. 336, L. 2025.