Specific provisions for the state of Montana.
Fair employment practices law: Employers must provide reasonable accommodations if needed for the known physical or mental limitations of qualified employees and applicants with disabilities, unless these accommodations would impose undue hardship on employers or endanger anyone’s health or safety. Employers can’t deny equal employment opportunities to employees and applicants with disabilities because of their need for reasonable accommodations. Employees and applicants with disabilities are qualified if they can perform their essential job functions with or without reasonable accommodations.
Reasonable accommodations can include:
Reasonable accommodations don’t include accommodations that would endanger anyone’s health or safety. Before taking adverse action on these grounds, however, employers should independently assess whether the accommodations would create a reasonable probability of substantial harm; failure to do so creates a disputable presumption that this justification is a pretext for discrimination based on disability.
Undue hardship is an action that requires significant difficulty or extraordinary cost, when considering:
Under Title I of the Americans with Disabilities Act (ADA), employers, including state and local governments, with 15 or more employees, are prohibited from discriminating against people with disabilities. Title I protects qualified individuals with disabilities in several areas, including job application procedures, hiring, firing, advancement, compensation and job training. It is also unlawful to retaliate against someone for opposing employment practices that discriminate based on disability, or for filing an ADA discrimination charge. The Office of Federal Contract Compliance Programs (OFCCP) shares enforcement authority for Title I of the ADA with the U.S. Equal Employment Opportunity Commission (EEOC), which has primary responsibility for enforcing the employment provisions of the law. (Note: Federal employees and job applicants are covered by Section 501 of the Rehabilitation Act of 1973 instead of the ADA.