Skites v. Blue Cross Blue Shield Of

1999 MT 301, 991 P.2d 955, 297 Mont. 156, 56 State Rptr. 1213, 1999 Mont. LEXIS 317
CourtMontana Supreme Court
DecidedDecember 7, 1999
Docket99-095
StatusPublished
Cited by2 cases

This text of 1999 MT 301 (Skites v. Blue Cross Blue Shield Of) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Skites v. Blue Cross Blue Shield Of, 1999 MT 301, 991 P.2d 955, 297 Mont. 156, 56 State Rptr. 1213, 1999 Mont. LEXIS 317 (Mo. 1999).

Opinions

JUSTICE GRAY

delivered the Opinion of the Court.

¶1 Stephani A. Skites (Skites) appeals from the judgment entered by the Eighth Judicial District Court, Cascade County, on its Memorandum and Order granting the summary judgment motion filed by Blue Cross Blue Shield of Montana (Blue Cross). We affirm.

¶2 The sole issue on appeal is whether the District Court erred in granting summary judgment to Blue Cross.

BACKGROUND

¶3 On November 26, 1996, Skites filed a complaint with the Montana Human Rights Commission (MHRC) alleging discrimination in employment by Blue Cross, her employer, under both the Montana Human Rights Act and the Americans with Disabilities Act. According to the complaint, Blue Cross discriminated against Skites on the basis of a physical disability, namely, right wrist DeQuervain’s tenosynovitis. She alleged that Blue Cross first failed to accommodate her disability on January 2,1996, and that “[t]he date the most recent or continuing discrimination took place was April 15,1996.”

¶4 The MHRC issued a Notice of Dismissal and Notice of Right to Sue, determining that it lacked jurisdiction over Skites’ complaint because she had not filed the complaint “within 180 days of the alleged discriminatory act as required by statute.” The Notice set forth Skites’ right to object to issuance of the Notice and the manner in which any objection would be processed by the MHRC. The Notice also advised that Skites could pursue her discrimination complaint by petitioning for appropriate relief in the district court within 90 days of receipt of the Notice. Skites received the Notice on December 31,1996, and did not file any objections with the MHRC.

¶5 Skites subsequently filed a complaint in the District Court alleging that Blue Cross discriminated against her on the basis of her disability in violation of Montana law. More specifically, she asserted that the alleged discrimination began no later than January of 1996, and continued after that date until Blue Cross constructively discharged her because of her disability on July 5,1996. Blue Cross answered the complaint and affirmatively asserted, as its Second De[158]*158fense, that Skites’ MHRC complaint was untimely under the statutory 180-day filing requirement and, therefore, her complaint in the District Court also was time barred.

¶6 Shortly thereafter, Blue Cross moved for summary judgment on the basis that Skites’ MHRC complaint was statutorily time barred and, as a result, a prerequisite to her filing in the District Court — namely, the timely filing of her MHRC complaint — had not been met. Skites opposed the motion, arguing that genuine issues of material fact existed which precluded summary judgment and that, even in the absence of such issues of material fact, Blue Cross was not entitled to judgment as a matter of law. After a hearing on August 26, 1998, the District Court issued its Memorandum and Order granting Blue Cross’ motion for summary judgment and entered judgment accordingly. Notice of entry of judgment was served and Skites appeals.

STANDARD OF REVIEW

¶7 We review an appeal from a district court’s summary judgment ruling de novo. Old Republic Nat. Title Ins. Co. v. Realty Title Co., 1999 MT 69, ¶ 19, [294 Mont.6, ¶ 19], 978 P.2d 956, ¶ 19 (citation omitted). In doing so, we apply the same Rule 56, M.R.Civ.P., criteria used by that court. If the moving party demonstrates that no genuine issue of material fact exists, the burden shifts to the nonmoving party to establish, by more than mere denial or speculation, that a genuine issue does exist. If the district court determines that no genuine issues of fact exist, it then must determine whether the moving party is entitled to judgment as a matter of law. We review the district court’s legal conclusions to determine whether the court erred. Bruner v. Yellowstone County (1995), 272 Mont. 261, 264-65, 900 P.2d 901, 903 (citations omitted).

DISCUSSION

¶8 Did the District Court err in granting summary judgment to Blue Cross?

¶9 It is unlawful for a Montana employer to discriminate against a person in compensation or in a term, condition or privilege of employment because of physical disability. Section 49-2-303(l)(a), MCA (1995). At all times pertinent to this case, a person claiming to be aggrieved by such a discriminatory employment practice could file a written, verified complaint with the MHRC setting forth the particulars of the alleged discrimination. Section 49-2-501(1), MCA (1995). Section 49-2-50l(2)(a), MCA (1995), generally requires that the com[159]*159plaint be filed within 180 days after the alleged unlawful discriminatory practice occurred or was discovered. Any complaint not timely filed as required by § 49-2-501(2)(a), MCA (1995), “may not be considered by the commission.” Section 49-2-50 l(2)(c), MCA (1995).

¶10 Moreover, § 49-2-509(7), MCA (1995), renders the provisions of the Montana Human Rights Act (Act) the exclusive remedy for acts constituting alleged employment discrimination under Montana law, and provides that no claim for relief based on such acts may be entertained by a district court other than via the procedures set forth in the Act. As a result, we held in Hash v. U.S. West Communications Services (1994), 268 Mont. 326, 333, 886 P.2d 442, 446, that timely filing before the MHRC is a prerequisite to filing a complaint alleging employment discrimination in district court.

¶11 In this case, the District Court determined that the material facts relating to whether Skites’ MHRC complaint was timely filed were undisputed in that Skites filed her claim with the MHRC on November 26,1996,225 days after April 15,1996, the date stated in her complaint as the date of the most recent or continuing act of employment discrimination by Blue Cross. On those facts, the court concluded that Skites’ MHRC complaint was not timely filed within the 180 days allowed by § 49-2-50 l(2)(a), MCA (1995), and, as a result, Skites had not satisfied the Hash prerequisite to filing a discrimination complaint in the District Court, namely, the timely filing of a complaint with the MHRC. The court then concluded that Blue Cross was entitled to summary judgment as a matter of law and entered its order granting summary judgment accordingly.

¶ 12 Skites contends the District Court erred with regard to both the absence of genuine issues of material fact and Blue Cross’ entitlement to judgment as a matter of law. We address her contentions in turn.

¶13 With regard to the existence of a genuine issue of material fact, Skites posits that the alleged date of the most recent or continuing discrimination in her complaint to the MHRC was “unartfully worded” and that, had it been properly worded, it would have stated that the discriminatory acts began on April 15,1996, and continued thereafter. Indeed, she points out that her MHRC complaint alleged “[s]he was subsequently instructed to resign her position due to her physical disability.” In essence, Skites contends that she should have worded — and meant to word — her MHRC complaint to state a later, unspecified date for the “date the most recent or continuing discrimination took place” [160]*160and that the District Court should have interpreted her MHRC allegation in that fashion.

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Bluebook (online)
1999 MT 301, 991 P.2d 955, 297 Mont. 156, 56 State Rptr. 1213, 1999 Mont. LEXIS 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skites-v-blue-cross-blue-shield-of-mont-1999.