49-2-403. Specific limits on justification. (1) Except as permitted in 49-2-303(3) through (6) and 49-3-201(5), sex, marital status, age, physical or mental disability, race, creed, religion, color, or national origin may not comprise justification for discrimination except for the legally demonstrable purpose of correcting a previous discriminatory practice.

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Terms Used In Montana Code 49-2-403

  • Age: means number of years since birth. See Montana Code 49-2-101
  • Credit: means the right granted by a creditor to a person to defer payment of a debt, to incur debt and defer its payment, or to purchase property or services and defer payment. See Montana Code 49-2-101
  • National origin: means ancestry. See Montana Code 49-2-101
  • Person: means one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated employees' associations, employers, employment agencies, organizations, or labor organizations. See Montana Code 49-2-101
  • Physical or mental disability: means :

    (i)a physical or mental impairment that substantially limits one or more of a person's major life activities;

    (ii)a record of such an impairment; or

    (iii)a condition regarded as such an impairment. See Montana Code 49-2-101

  • Sex: has the meaning provided in 1-1-201. See Montana Code 49-2-101

(2)Age or mental disability may represent a legitimate discriminatory criterion in credit transactions only as it relates to a person‘s capacity to make or be bound by contracts or other obligations.