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Employment Discrimination » Disabilities

Rights of Persons With Disabilities in Employment

The Montana Human Rights Act and the Americans with Disabilities Act (ADA) prohibit discrimination in employment to an applicant or employee because they have a physical or mental disability.

An employer may have additional obligations under the federal Family Medical Leave Act. For information regarding this law, contact the U. S. Department of Labor at 801-524-5706.

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Employment Rights
Who is Covered?
Requests for Reasonable Accommodation
Examples of Accommodation in Employment


EMPLOYMENT RIGHTS

Qualified persons with physical and mental disabilities:
  • may not be refused an application, interview or employment because of their disability;
  • may not be terminated or discharged because of their disability;
  • have the right to a reasonable accommodation, which would allow them to perform the essential functions of their position.

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WHO IS COVERED?

To be protected under Montana law and the ADA, an applicant or employee with a disability must:
  • have a physical or mental impairment that substantially limits one or more major life activities;
  • have a record of such an impairment;
  • be regarded as having such an impairment.
The applicant must also:
  • be able to perform the essential function of the position with or without a reasonable accommodation.
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REQUESTS FOR REASONABLE ACCOMMODATION

Whether or not a suggested accommodation is "reasonable" will depend on factors such as cost, availability, necessity and whether a less expensive or more convenient accommodation is available.

The employer is not required to provide the accommodation suggested by the employee to perform the essential functions of the job.

An accommodation is not reasonable if it endangers any employee's health or safety, a bona fide occupational exemption exists, or create an extraordinary financial hardship on the employer.

Employers:
  • have an affirmative duty to sit down with the employee and discuss what, if any, accommodation is needed, if the employer knew or should have known the employee is disabled; and
  • have an affirmative duty to make a reasonable accommodation, required by a person with a disability, to perform the essential job functions.

Employees:

  • have a duty to notify the employer they need an accommodation and tell the employer what modifications are needed to perform the job.
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EXAMPLES OF ACCOMMODATION IN EMPLOYMENT

  1. Making all application processes accessible to persons with disabilities;

  2. Making existing facilities used by employees readily accessible to and usable by employees with disabilities;

  3. Restructuring the job; offering part-time or modified work schedules;

  4. Reassigning the employee to vacant positions that they are qualified to hold;

  5. Acquiring or modifying equipment or devices; adjusting or modifying examinations or training materials or policies as appropriate;

  6. The providing qualified readers or interpreters.

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