['Disabilities and ADA']
['Disabilities and ADA']
06/11/2024
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Summary of differences between federal and state regulations
Employer defined
Under the Montana Human Rights Act “employer” means an employer of one or more persons or an agent of the employer but does not include a fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for private profit or to provide accommodations or services that are available on a non-membership basis.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Americans With Disabilities Act. For example, the state law includes an exemption for a bona fide occupational qualification, and includes provisions for reasonable accommodations.
Generally, complaints must be filed within 180 days of the date of the alleged discrimination under Montana law.
If a complaint has followed a written grievance procedure established by a collective bargaining agreement, contract, or written rule or policy to resolve the dispute, the complaint must be filed within 300 days of the alleged discrimination.
Recordkeeping
If a discrimination complaint is filed, the respondent must preserve all personnel records relevant to the complaint until final disposition of the complaint. These include personnel records relating to the complainant and to all other employees holding positions similar to that held or sought by the complainant and application forms or test papers completed by an unsuccessful applicant and all other candidates for the same position.
State
Contact
Human Rights Bureau of the Department of Labor and Industry
Regulations
Human Rights Act, Montana Code Title 49
http://leg.mt.gov/bills/mca_toc/49.htm
Administrative Rules, Title 24, Chapters 8 and 9
http://www.mtrules.org/gateway/Department.asp?deptno=24
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Americans With Disabilities Act
29 CFR Parts 1630, Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.