Lay v. State Department of Military Affairs, Disaster & Emergency Services Division

Summary

The Montana Supreme Court affirmed summary judgment for the defendants in Monique Lay’s action arising from the elimination of her position during a reduction in force. The court held that the gravamen of her claims was retaliation for opposing alleged sexual favoritism, making the Montana Human Rights Act the exclusive remedy and rendering her claims time-barred because she did not file suit within 90 days of the Human Rights Bureau’s dismissal.

Holdings

1. The Montana Human Rights Act governed Lay's claims because the gravamen of her complaint was that she was terminated in retaliation for objecting to sexual favoritism in employment, regardless of the alternative legal labels used in the complaint.
2. Lay's claims were time-barred because she did not commence a civil action within 90 days after the Montana Human Rights Bureau dismissed her complaint.
3. Because Lay's claims were properly subject to the Montana Human Rights Act, she could not separately pursue them under the Montana Wrongful Discharge From Employment Act.

Questions Presented

1. Whether Lay's claims, despite being pleaded as constitutional, tort, conspiracy, Monell, and wrongful-discharge claims, were subject to the exclusive procedures of the Montana Human Rights Act.
2. Whether Lay's claims were time-barred because she failed to commence a civil action within 90 days after the Montana Human Rights Bureau dismissed her complaint.

Disposition

affirmed