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Montana Workers Can Get State Jury Trial on Federal Bias Claims

Jan. 22, 2020, 9:06 PM

A visually disabled male job applicant isn’t barred by Montana law from demanding a jury trial in state court on his federal hiring discrimination claims against a state agency, the Montana Supreme Court ruled.

That’s so even though Jay Spillers also asserts companion claims for disability and sex discrimination under the Montana Human Rights Act. The Montana high court held in 2008 that an MHRA claim may not be tried to a state court jury, the state justices said Jan. 21. The right to a jury trial created by the federal 1991 Civil Rights Act is substantive, and state procedural...

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