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Husband Wins Marital Discrimination Claim

(CN) - An apartment co-manager was wrongfully fired based on his wife's poor job performance, because it amounted to marital discrimination, the Montana Supreme Court ruled.

Dennis McGee and his wife, Lynda, managed Union Square Apartments for Thomas Mercer. They received free rent, cable, and utilities for looking after the residents and the building.

Mercer abruptly sent a letter firing the couple due to Lynda's poor job performance.

Dennis brought the case before the Department of Labor and Industry, alleging marital discrimination.

He won the case, but was awarded limited damages because he had already found another job. The Human Rights Commission and district court affirmed the decision, and so did Justice Morris.

According to the decision, Mercer did not refute Dennis' claims, but simply presented his version of events.

"We may not substitute our judgment for that of the Hearing Examiner as to the weight of the evidence on questions of fact," Morris wrote.

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