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discrimination complaint and/or testifying or participating in any other manner in a discrimination proceeding. (History: Sec. 2-18-102, MCA; IMP, 2-18-102, MCA; NEW, 2000 MAR p. 3515, Eff. 12/22/00.)
In addition to the above administrative rules, the following policy statements are intended to further clarify some of the protected classes identified in ARM 2.21.4002, Policy and Objectives.
The state of Montana may not pay unequal compensation to men and women who perform jobs that require substantially equal skill, effort, and responsibility that are performed under similar working conditions. Wage differentials are permitted on factors other than sex, for example, longevity, merit, and applicant or employee qualifications.
The state of Montana does not discriminate against any applicant or employee in hiring, firing, promotions, compensation, job assignments and other terms, conditions, or privileges of employment due to physical or mental disability.
The state of Montana provides reasonable accommodation to an otherwise qualified applicant or employee with a known disability that prevents the individual from participating in the application process, competing in the selection process, performing the essential functions of the job, and enjoying equal benefits and privileges of employment. An accommodation that is not effective, creates undue hardship on a department, or endangers health or safety is not a reasonable accommodation.
Any otherwise qualified applicant for employment or employee with a disability who needs reasonable accommodation shall inform the department personnel officer, his or her immediate supervisor, or the department ADA coordinator of the nature of the disability and the accommodation requested. Employees with access to such information must maintain the confidentiality of the information to the extent reasonably possible and may not release the information to anyone who does not have the right or need to know.
Some communicable diseases, for example, HIV/AIDS, are physical disabilities. The state of Montana does not