Judge or jury: Who decides discrimination case?

When a Montana employer gets sued, it is often concerned about whether a judge or jury will decide the case. Generally, Montana employers tend to believe a judge will be fairer and more reasonable than a jury. Part of their concern arises out of the reality that most people on a jury are employees. It's rare to get a juror who is an employer. Because of this reality, most employers believe jurors will view the case through the employee's lens and not understand or fairly evaluate the case from the employer's perspective. A recent Montana Supreme Court case clarifies the issue of whether discrimination cases are heard by a judge or a jury.

Underlying case

Jay Spillers has a visual disability. In 2016, he applied for a position with the Montana Department of Public Health and Human Services (DPHHS). He wasn't interviewed for the position and wasn't hired. The applicants DPHHS interviewed were nondisabled females, and the person eventually hired for the position was a nondisabled female.

Spillers sued DPHHS under the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, the Montana Human Rights Act (MHRA), and the Montana Governmental Code of Fair Practices. He alleged the department engaged in intentional employment discrimination based on his sex and/or disability. He sought to recover damages for economic loss, mental anguish, pain and suffering, and other nonpecuniary losses, as well as punitive damages. He demanded a jury trial on all factual issues in his complaint.