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Lay v. State Dept. of Military Affairs

Lay v. State Dept. of Military Affairs, 2015 MT 158 (June 10, 2015) (Rice, J.) (5-0, aff’d)

Issue: Whether Lay’s claims were time-barred as a matter of law under the Montana Human Rights Act.

Short Answer: Yes.


Facts: Monique Lay’s position as public information officer for the Emergency Servics Division of the State Department of Military Affairs was eliminated pursuant to the division’s reduction-in-force (RIF) policy. Lay filed a grievance with the Department of Labor and Industry Hearings Bureau, alleging the division terminated her in retaliation for her complaint that Jessica Davies, another employee, had received favorable treatment for engaging in a sexual relationship with division supervisor Paul Grimstad. The hearings bureau conducted a hearing and dismissed Lay’s complaint, concluding the division terminated Lay for business reasons related to the RIF.…