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Borges v. Missoula County Sheriff’s Office

Borges v. Missoula County Sheriff’s Office, 2018 MT 14 (Jan. 30, 2018) (Baker, J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in declining to consider facts that arose after Borges filed his October 31, 2014 HRB complaint; and (2) whether the district court erred in granting the county summary judgment on Borges’ claim that the county failed to engage in an interactive dialogue or to provide a reasonable accommodation.

Short Answer: (1) No, and (2) no.


Facts: Borges began working at the detention facility in November 2006, and in 2010 was named outstanding employee of the year. His duties included supervising staff and overseeing juvenile offenders. In April 2014, Borges was diagnosed with autism spectrum disorder, manifesting as an extreme sensitivity to fragrances.…

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.…

Hansen v. Bozeman Police Department

Hansen v. Bozeman Police Department, 2015 MT 143 (May 26, 2015) (McGrath, C.J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in denying Hansen’s motion for leave to file an amended complaint; and (2) whether the district court properly granted summary judgment to the police department.

Short Answer: (1) No; and (2) yes.


Facts: Corey Hansen is a veteran who suffers from service-connected physical conditions, including a seizure disorder. He has a service dog that alerts him to oncoming seizures. In 2011, Hansen and some friends planned a visit to the C’Mon Inn in Bozeman. Hansen had a reservation and had stayed there with his service dog previously. He left copies of his dog’s certification papers on file at the hotel, and they were still on file when Hansen arrived to check in, accompanied by his service dog wearing the appropriate identification vest.…