STATE HUMAN RESOURCES DIVISION

2.21.4009 COMPLIANCE WITH THE FEDERAL GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 (GINA) To comply with GINA, which prohibits discrimination based on genetic information with respect to employment or state-sponsored group health plans, agency managers may not: request, requ…

2.21.401 INTRODUCTION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 10-1-604 MCA: NEW, 1977 MAR p. 718, Eff. 10/25/77 History: REP, 1982 MAR p. 2012, Eff. 11/11/82.

2.21.4012 SEXUAL HARASSMENT (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 2000 MAR p. 3515, Eff. 12/22/00; REP, 2011 MAR p. 1672, Eff. 8/26/11.

2.21.4013 HARASSMENT Harassment, including sexual harassment, consists of, but is not limited to, oral, written, or electronic communications (for example, voice mails, e-mails, text messages, or other social networking tools) in the form of repeated and unwelcomed jokes, slurs, …

2.21.4014 RETALIATION Agency managers may not retaliate or allow, condone, or encourage others to retaliate against any customer, applicant, or current or former employee for opposing unlawful discriminatory practices, filing a discrimination complaint or participating in a discr…

2.21.4019 INITIATING AN INTERNAL COMPLAINT Agency managers shall encourage employees, applicants, clients, and customers who believe they have been discriminated against or harassed to contact their supervisor, another manager, or the agency's EEO officer, ADA coordinator, or hum…

2.21.402 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 10-1-604 MCA History: NEW, 1977 MAR p. 718, Eff. 10/25/77; REP, 1982 MAR p. 2012, Eff. 11/11/82.

2.21.4020 INVESTIGATING A COMPLAINT The EEO officer, ADA coordinator, or another representative chosen by management shall begin an investigation upon receiving a complaint. Before the investigation begins, the appropriate manager shall separately explain the following to the com…

2.21.4021 POST-INVESTIGATION ACTIONS After receiving the final report, the appropriate manager shall promptly inform the complainant and accused of the outcome of the investigation in writing. In the case of a cause finding, the appropriate agency manager shall: take appropriate …

2.21.4022 CONFIDENTIALITY REQUIREMENTS Agency managers shall make every attempt to protect the privacy of individuals involved in the complaint process; however, individual privacy cannot be guaranteed. Agency managers may not prohibit employees from discussing a complaint or ong…

2.21.4027 TRACKING AND REPORTING INTERNAL COMPLAINTS Agency EEO officers shall track internal complaints using the Complaint Tracking Sheet located on the State Human Resources Division web site: http://hr.mt.gov/hrpp/policies.mcpx . EEO officers shall provide quarterly summaries…

2.21.4028 INITIATING AN EXTERNAL COMPLAINT In addition to the internal complaint process, complaints may be filed with the following agencies: Montana Human Rights Bureau, 33 S. Last Chance Gulch, Suite 2, P.O. Box 1728, Helena, MT 59624-1728, (406) 444-4356, (800) 542-0807, Mont…

2.21.4029 RULE VIOLATIONS Employees who violate these rules are subject to discipline, up to and including discharge under ARM Title 2, chapter 21, subchapter 65, Discipline Policy. A rule violation includes managers who allow discrimination to occur or fail to take appropriate a…

2.21.403 QUALIFYING PERIOD (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 10-1-604 MCA History: NEW, 1977 MAR p. 718, Eff. 10/25/77; REP, 1982 MAR p. 2012, Eff. 11/11/82.

2.21.404 RATE OF COMPENSATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 10-1-604, MCA History: NEW, 1977 MAR p. 718, Eff. 10/25/77; REP, 1982 MAR p. 2012, Eff. 11/11/82.

2.21.405 SEASONAL AND PERMANENT PART-TIME EMPLOYEES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 10-1-604 MCA History: NEW, 1977 MAR p. 718, Eff. 10/25/77; REP, 1982 MAR p. 2012, Eff. 11/11/82.

2.21.406 STATE EMPLOYEES WHO ARE MEMBERS OF THE NATIONAL GUARD OF THE STATE OF MONTANA (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 10-1-603 and 10-1-604 MCA History: Eff. 3/22/76; ARM Pub. 11/25/77; AMD, 1978 MAR p. 190, Eff. 2/25/78; R…

2.21.407 ACCUMULATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 10-1-604 MCA History: NEW, 1977 MAR p. 718, Eff. 10/25/77; REP, 1982 MAR p. 2012, Eff. 11/11/82.

2.21.408 ABSENCES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 10-1-604 MCA History: NEW, 1977 MAR p. 718, Eff. 10/25/77; REP, 1982 MAR p. 2012, Eff. 11/11/82.

2.21.409 CLOSING (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 10-1-604 MCA History: NEW, 1977 MAR p. 718, Eff. 10/25/77; REP, 1982 MAR p. 2012, Eff. 11/11/82.

2.21.410 SHORT TITLE (Repealed) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 10-1-604, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 1506, Eff. 8/12/05.

2.21.4101 SHORT TITLE This subchapter may be cited as Reasonable Accommodations and Equal Access Policy. Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 2011 MAR p. 1668, Eff. 8/26/11.

2.21.4102 POLICY AND OBJECTIVES The rules in this subchapter establish the minimum requirements for providing reasonable accommodations, reasonable modifications, and equally effective communication for persons with disabilities as for persons without disabilities consistent with…

2.21.4103 DEFINITIONS The department adopts and incorporates the definitions in Title I and Title II of the ADA, as amended by the ADA Amendments Act of 2008 (P.L. 110-325), effective January 1, 2009, 42 USC 12102, 12103, 12111, and 12131, which set forth all definitions applicab…

2.21.4104 RESPONSIBILITIES The Department of Administration shall: periodically review and update, as needed, reasonable accommodation and equal access rules, processes, and procedures; and design and develop training for employees that includes reasonable accommodations, reasona…

2.21.4105 REASONABLE ACCOMMODATIONS Agency managers shall provide reasonable accommodations to qualified individuals with disabilities in all aspects of employment unless doing so would cause undue hardship. Agency managers shall encourage employees and applicants with disabiliti…

2.21.4106 REQUESTING REASONABLE ACCOMMODATIONS Employees or applicants with a disability may request reasonable accommodations through any one of the designated personnel. Reasonable accommodation requests may be oral or in writing and do not have to include the words "reasonable…

2.21.4107 RESPONDING TO REASONABLE ACCOMMODATION REQUESTS Designated personnel who receive reasonable accommodation requests shall promptly notify their agency ADA coordinator of the request. If the request comes from someone other than an agency manager, the ADA coordinator shal…

2.21.411 POLICY AND OBJECTIVES (Repealed) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 10-1-604, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 1506, Eff. 8/12/05.

2.21.4112 PARTICIPATING IN THE INTERACTIVE PROCESS Agency managers shall participate in the interactive process until they identify an effective accommodation or determine a reasonable accommodation is not possible. Failure to participate in the interactive process could result i…

2.21.4113 DOCUMENTING REASONABLE ACCOMMODATION REQUESTS Agency managers shall document all reasonable accommodation requests and their contact with designated personnel. Documentation must include the following: accommodation requested and discussed; impact of the impairment on t…

2.21.4114 REQUESTING MEDICAL DOCUMENTATION Medical examinations must be job-related and consistent with business necessity. Agency managers may request documentation from an appropriate health care professional when the need for a reasonable accommodation is not known or obvious.…

2.21.4115 APPROVING REASONABLE ACCOMMODATION REQUESTS Agency managers shall serve as the approval authority for all reasonable accommodation requests. If agency managers determine the request is reasonable, they shall: grant the request and notify the employee or applicant in wri…

2.21.4116 REASSIGNING AN EMPLOYEE AS A REASONABLE ACCOMMODATION When an employee with a disability can no longer perform the essential functions of their position with or without a reasonable accommodation, the agency manager shall consider reassigning the employee to an equivale…

2.21.4117 DENYING REASONABLE ACCOMMODATION REQUESTS If agency managers determine they cannot reasonably accommodate a request or an accommodation would create an undue hardship, they shall forward the recommendation to their division administrator. If the division administrator i…

2.21.4118 DISCHARGING EMPLOYEES WITH DISABILITIES Agency managers may discharge an employee with a disability when the employee is no longer able to perform the essential functions of their job with or without a reasonable accommodation, and managers have ruled out all possible o…

2.21.4119 APPEALING DENIAL OF REASONABLE ACCOMMODATION REQUESTS The department head shall serve as the appeal authority for all denials. Employees and applicants wishing to appeal a denial shall submit a written request, along with supporting documents, to the department head wit…

2.21.412 DEFINITIONS (Repealed) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 10-1-604, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 1506, Eff. 8/12/05.

2.21.4120 CONFIDENTIALITY REQUIREMENTS Agency managers shall: treat all information related to an employee's or applicant's disability as confidential; and maintain disability-related information according to the requirements of ARM Title 2, chapter 21, subchapter 66, Employee Re…

2.21.4121 TRACKING AND REPORTING REASONABLE ACCOMMODATION REQUESTS Agency ADA coordinators shall track reasonable accommodation requests using the Reasonable Accommodation Tracking Sheet at the State Human Resources Division web site: http://hr.mt.gov/hrpp/policies.mcpx and also …

2.21.4122 DISABILITY RETIREMENT Employees with disabilities may be eligible for disability retirement benefits under 19-3-1002, MCA. Employees may contact the Montana Public Employee Retirement System at (877) 275-7372 (toll free) or (406) 444-3154 for more information. Authorizi…

2.21.4127 REASONABLE MODIFICATION PROCEDURES Agency managers shall make reasonable modifications to policies, practices, and procedures that deny, or have the potential to deny, equal access to programs, services, or activities to individuals with disabilities, unless doing so wo…

2.21.4128 EFFECTIVE COMMUNICATION PROCEDURES Agency managers shall furnish auxiliary aids and services, upon request, to promote equally effective communication for people with disabilities, unless doing so would result in an undue burden or fundamentally alter the program, servi…

2.21.413 ELIGIBILITY (Repealed) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 10-1-604, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 1506, Eff. 8/12/05.

2.21.414 RATE OF COMPENSATION (Repealed) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 10-1-604, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 1506, Eff. 8/12/05.

2.21.415 LEAVE NOT CUMULATIVE (Repealed) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 10-1-604, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 1506, Eff. 8/12/05.

2.21.416 REQUESTS FOR LEAVE (Repealed) Authorizing statute(s): 2-18-604, MCA Implementing statute(s): 10-1-604, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 1506, Eff. 8/12/05.