Schmidt v. Cook

¶36 I dissent. The Court entirely misses the point of the HRC’s decision as well as that of the District Court. A discrimination in employment claim implicitly requires an employment relationship. Section 49-2-303(1), MCA; Hanson v. Dix, 2004 MT 263N, ¶ 14, 323 Mont. 537, ¶ 14, 100 P.3d 167, ¶ 14. The HRC and the District Court were both correct in concluding that the alleged sexual harassment of Schmidt did not occur in an employment context.

¶37 As noted by the Court, Elvin advertised for a live-in maid. It does not take a rocket scientist to understand why he did not publically advertise…