Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.9 - HUMAN RIGHTS COMMISSION
Subchapter 24.9.6 - Proof Of Unlawful Discrimination
Rule 24.9.606 - FAILURE TO MAKE REASONABLE ACCOMMODATION- EMPLOYMENT DISCRIMINATION BECAUSE OF A DISABILITY
Current through Register Vol. 6, March 22, 2024
(1) It is an unlawful discriminatory practice for an employer, agent of an employer, employment agency, or labor organization to:
(2) A person with a physical or mental disability is qualified to hold an employment position if the person can perform the essential functions of the job with or without a reasonable accommodation for the person's physical or mental disability.
(3) "Reasonable accommodation" to a person with a physical or mental disability for the purposes of enabling the person to perform the essential functions of an employment position may include:
(4) An accommodation to a person with a physical or mental disability for the purpose of enabling the person to perform the essential functions of an employment position is reasonable unless it would impose an undue hardship upon the employer.
(5) For purposes of determining whether an accommodation to a physical or mental disability is reasonable, "undue hardship" means an action requiring significant difficulty or extraordinary cost when considered in light of:
(6) An accommodation to a person with a physical or mental disability for the purpose of enabling the person to perform the essential functions of an employment position is not reasonable if it would endanger the health or safety of any person.
(7) If an employer defends an adverse employment action against a person with a physical or mental disability on the grounds that an accommodation would endanger the health or safety of a person, the employer's failure to independently assess whether the accommodation would create a reasonable probability of substantial harm will create a disputable presumption that the employer's justification is a pretext for discrimination on the basis of disability.
AUTH: 49-2-204, 49-3-106, MCA; IMP: 49-2-101, 49-3-101, 49-3-202, MCA