Qualified persons with physical and mental disabilities:
To be protected under the Montana Human Rights Act and the ADAAA, an applicant or employee with a disability must:
Employees should notify the employer if they need an accommodation and tell the employer what modifications are needed to perform the job.
When a person is or becomes disabled, he or she may need a reasonable accommodation in order to remain active in the workforce. With an effective reasonable accommodation, an employee with a disability can perform the essential functions of the job and enjoy the same benefits and privileges of other non-disabled employees. Montana’s employers and employees need to be aware of their rights and responsibilities when it comes to the provision of reasonable accommodations. But, how do you figure out the right reasonable accommodation? The answer lies in a meaningful interactive dialogue.
An “interactive dialogue” or “interactive process” is an opportunity for the employer and the employee to have a discussion. The parties can discuss the essential functions of the job and to take a look at how a person’s disability may impact the ability to perform those functions. With this in mind, they can begin to look at different ways to address the problem. In some cases, both the disability and the type of accommodation required will be obvious. If so, an in-depth dialogue will not be necessary. In other situations, the employer may need to gather more information concerning the nature of the disability and the individual's functional limitations in order for the parties to identify an effective accommodation. Fortunately, there are extensive resources out there to assist.
The resources below discuss several key steps that the parties can take to ensure a meaningful dialogue:
It could be that the parties proceed through a good faith interactive process and realize that there is no reasonable accommodation that would allow the employee to continue with his or her employment. However, a meaningful dialogue will certainly increase the odds of finding a perfectly reasonable accommodation that will serve the interests of both parties.
Under the ADAAA, those who are “perceived” as having disabilities are protected from employment discrimination based on stereotypes, fears, or misconceptions about disability. This protection applies to decisions based on unsubstantiated concerns about productivity, safety, insurance, liability, attendance, and the costs of accommodation, accessibility, workers’ compensation costs or acceptance by co-workers and customers.
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Applying Performance and Conduct Standards to Employees with Disabilities
