Montana ADA: What you need to know
The Montana Human Rights Act prohibits employment practices that discriminate on the basis of mental or physical disability (MT Code Sec. 49-2-101et seq.). The Act covers all public and private employers, employment agencies, and unions. Disability Defined
The Act defines "disability" as a physical or mental impairment that substantially limits one or more of a person's major life activities, a record of such impairment, or a condition regarded as such an impairment (MT Code Sec. 49-2-101). Reasonable Accommodation
Employers must reasonably accommodate the known physical or mental disabilities of an otherwise qualified applicant or employee unless to do so would pose an undue hardship on business operations (MT Code Sec. 49-2-101(19)).
Reasonable accommodation may include making existing facilities readily accessible to individuals with disabilities; job restructuring, including modified work schedules; and acquisition or modification of equipment or devices.
Effective accommodation. The 9th Circuit Court of Appeals has affirmed that a reasonable accommodation must be effective in allowing an employee to enjoy equal benefits and privileges of employment and that an employer's obligation to accommodate is a continuing duty (EEOC v. UPS Supply Chain Solutions, 620 F.3d 1103 (9th Cir. 2010)). In this case, a hearing impaired employee repeatedly requested a sign language interpreter for meetings and training. The employer provided copies of agendas and postmeeting summaries, but the employee argued that the modifications were ineffective because he did not fully understand the written communications, and he was not able to ask questions or share ideas during meetings. EEOC charged the employer with failing to ...
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Montana ADA Resources
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