Frequently Asked Questions about the Human Rights Process

  • The Human Rights Bureau is the neutral state agency that investigates complaints of discrimination brought under our state discrimination laws.  If you are interested in filing a complaint of discrimination, including a complaint based on vaccination status, you can either draft and file your own complaint or you can contact our office and set up an intake appointment. You only have 180 days from the adverse act to get a complaint filed with the Bureau (180 days from the act or omission that you feel was adverse to you based on your vaccination status).  If you want more information about the new vaccination statute, there are links to both the language of the new statute and a set of FAQs that explain the language of the statute Last Updated 10/28/21
  • This is your choice. The Bureau is a neutral and it does not advise people to file or not file.  If you feel you have been discriminated against, we will work to get you good information so you can make an informed choice. If you want more information about the new vaccination statute, there are links to both the language of the new statute and a set of FAQs that explain the language of the statute.  Last Updated 10/28/21
  • Whether you choose to draft your own complaint or set up an appointment for an intake is your choice.  If you are a person that is comfortable drafting your own complaint, we have clear instructions in this set of FAQs and also on the website. If you are not comfortable drafting your own complaint, the Bureau can get you set up for an intake appointment.  Give us a call at 444-2448. Please understand that our appointments are currently out several weeks. The sooner you file a complaint the sooner we can begin an investigation. Please understand, there are no immediate answers in this process. Once a complaint is filed, whether it is today or in a few weeks, the Bureau has a process for investigating (see the question below on “what happens when a complaint is filed?” in this FAQ).   Last Updated 10/28/21
  • A person wishing to recover under Montana’s discrimination laws must file his or her complaint within 180 days of the adverse act or when it was discovered.  (The length of time may be extended when there is a grievance process involved, but it is important to understand this exception before relying on this exception.) Last Updated 10/28/21
  • When a complaint is filed, the Bureau is obligated to provide the parties with due process.  Your complaint will be sent to the entity you are filing against (the Respondent).  By statute, the Bureau cannot begin an investigation until that Respondent is on notice of your complaint. The Respondent must be given an opportunity to respond. After we receive a response, the Bureau will send that to you and ask you to submit a rebuttal.  A rebuttal is where you tell us why you do not agree with the Respondent’s defense.  After this, the Bureau will gather relevant information through witness interviews, requests for documents or comparative information. When the Bureau’s investigator has gathered the information necessary, the Bureau will write a final investigative report that determines whether there is reasonable cause to believe discrimination occurred. Understand that the Bureau is working on complaints that have been currently filed.  The Bureau has 180 days to complete an investigation and issue a finding.  Because the facts of each case are different, the Bureau has to look at each complaint independently. Last Updated 10/28/21
  • The Bureau serves as a neutral entity. This means we do not advocate for the people that file complaints nor do we defend the entities against whom complaints are filed, our fidelity is to the laws we enforce. Last Updated 10/28/21
  • An intake is an appointment with an investigator – over the phone - to talk about your situation.  If there is a viable complaint, the investigator will draft a complaint for your consideration.  If you choose to file, you will need to fax, mail or drop off your complaint within 180 days of the act that you feel was adverse to you based on your vaccination status.  

    The Human Rights Bureau’s fax number is (406) 443-3234.  You can reach us by mail at Human Rights Bureau, P.O. Box 1728, Helena MT, 59624.  You can also drop off the complaint off 33 S. Last Chance Gulch, Helena Montana. Please understand, the Bureau has limited staff and appointments for intake are out a few weeks.  

    Last Updated 10/28/21
  • You are free to draft your own complaint and here is a (hyperlink) to the Bureau’s page on how to file a self-drafted complaint.  As noted on that page, there are five steps. The Bureau will need (1) your contact information, (2) the contact information for the entity that you want to file against, and then (3) you need to set out that you feel you were discriminated against based on your vaccination status.  When you are doing a self-drafted complaint, please include a (4) concise statement of the facts, including relevant dates for when the adverse act or omission occurred.  At the bottom, you need to (5) verify your complaint.  This means that you “swear or affirm” that what you have written in your complaint is true and correct.  We have ‘attestation’ language in our link.   

    Remember, you need to file that complaint within 180 days of the adverse act (the act or omission you feel was adverse to you based on your vaccination status).  The Bureau also notes be sure and provide accurate ‘contact information’ for the entity that you are filing against, you may work in a local office but that might not be the best address to receive a discrimination complaint.  Once drafted, you will need to fax, mail or drop of your complaint.  The Bureau does not accept emailed complaints. You can fax your complaint to (406) 443-3234.  You can mail  your complaint to Human Rights Bureau, P.O. Box 1728, Helena MT, 59624. You can also or drop it off at our office at 33 S. Last Chance Gulch, Helena Montana.  You will need to get your complaint filed within 180 days of the act or omission you feel was adverse to you based on your vaccination status.

    Last Updated 10/28/21
  • My employer wants a response on or before December 8, 2021, what can the Bureau do for me after a complaint is filed?

    The Bureau operates as a neutral and it is obligated to provide due process to all parties. After you submit your complaint, it will be sent to the entity you are filing against (the Respondent).  By statute, the Bureau cannot begin an investigation until the Respondent is on notice that a complaint is filed.  The Respondent is given an opportunity to respond.  After we receive this response, the Bureau will send it to you and ask you to submit a rebuttal.  A rebuttal is where you tell us why you do not agree with the Respondent’s defense.  After this, the Bureau will gather relevant information through witness interviews, requests for documents or comparative information.  When the Bureau’s investigator has gathered the information necessary, it will write a final investigative report that determines whether there is reasonable cause to believe discrimination occurred. (Understand that the Bureau is working on complaints that have been currently filed and it has 180 days to complete an investigation and issue a finding.)  Because the facts of each case are different, the Bureau has to look at each complaint independently.

    Last Updated 10/28/21
  • The Bureau has 180 days to complete an investigation, however more time can be added if the  parties choose to enter the Bureau’s voluntary resolution program. Last Updated 10/28/21
  • The Bureau conducts an informal investigation to determine if there is reasonable cause to believe discrimination occurred.  If it determines that there is reasonable cause – that the weight of the evidence supports the allegations of discrimination – the complaint will be transferred over to the Department of Labor and Industry’s Office of Administrative Hearings for a contested case hearing.  Know that throughout this administrative process, the Department works with the parties to see if voluntary resolution is possible.  If the Bureau finds the weight of the evidence does not support the allegations, the Bureau will dismiss the complaint and that person is free to file in a district court setting.   Last Updated 10/28/21
  • If the Bureau finds that there is reasonable cause to believe discrimination occurred the matter will be sent to conciliation and the parties are given an opportunity to resolve the matter.  If it cannot be resolved in conciliation, the complaint (and only the complaint) is transmitted to the Office of Administrative Hearings for a contested case hearing.  Last Updated 10/28/21
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