49-2-306. Discrimination in financing and credit transactions. (1) It is an unlawful discriminatory practice for a financial institution, upon receiving an application for financial assistance, to permit an official or employee, during the execution of that person‘s duties, to discriminate against the applicant because of sex, marital status, race, creed, religion, age, physical or mental disability, color, or national origin in a term, condition, or privilege relating to the obtainment or use of the institution’s financial assistance, unless based on reasonable grounds.

Terms Used In Montana Code 49-2-306

  • 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
  • Credit transaction: means any invitation to apply for credit, application for credit, extension of credit, or credit sale. See Montana Code 49-2-101
  • Creditor: means a person who, regularly or as a part of the person's business, arranges for the extension of credit for which the payment of a financial charge or interest is required, whether in connection with loans, sale of property or services, or otherwise. See Montana Code 49-2-101
  • Employee: means an individual employed by an employer. See Montana Code 49-2-101
  • Financial institution: means a commercial bank, trust company, savings bank, finance company, savings and loan association, credit union, investment company, or insurance company. See Montana Code 49-2-101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)It is an unlawful discriminatory practice for a creditor to discriminate on the basis of race, color, religion, creed, national origin, age, mental or physical disability, sex, or marital status against any person in any credit transaction that is subject to the jurisdiction of any state or federal court of record.

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