reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3711 - COMPLIANCE WITH MILITARY SELECTIVE SERVICE ACT

Current through Register Vol. 13, July 5, 2024
(1) Agencies shall verify that every male
				person hired on a full-time or part-time basis in permanent or temporary
				positions has registered in compliance with the federal Military Selective
				Service Act, except those excluded in (2) of this rule. If an individual has
				reached his 18th birthday and is under the age of 26, agencies shall require
				documentation showing he has registered with Selective Service or is exempt
				from registration. If an individual is age 26 or older and was required to
				register but has not done so, the individual shall prove to the agency job
				representative his failure to register was neither known nor willful.
(2) Agencies may exclude certain individuals
				from their verification procedures who:
(a)
				were born on or before December 31, 1959;
(b) have been continuously employed in state
				government without a five-day break in service before July 1, 2001;
(c) are transferring without a five-day break
				in service to another position in an agency or in state government;
(d) have already provided information
				confirming selective service status; or
(e) are hired as independent contractors or
				as employees of temporary service contractors.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3712 - INTERNAL RECRUITMENT

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  2.21.3707
2-18-102, MCA; IMP,
					 2-18-102,
					 49-3-201,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3713 - REDUCTION IN FORCE REGISTRY OPTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 49-3-201,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3715 - EQUAL EMPLOYMENT OPPORTUNITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 49-3-201,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3718 - JOB ANALYSIS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 49-3-201,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3719 - DEVELOPMENT OF SELECTION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1)
				Individuals familiar with the position shall develop selection procedures
				before any review of applicant qualifications.
(2) Each selection procedure must be
				job-related and based on a current job analysis.
Agency managers shall review the written job description to
				  ensure it accurately describes the current job duties, competencies, education,
				  and experience to perform the job.
(3) Selection procedures must include defined
				processes measuring the applicant's suitability for a particular position based
				on job requirements and ability to integrate successfully into the work unit
				and agency's culture.
(4) Agency
				managers may use any selection procedure or combination of procedures that best
				assess the applicant against the job qualifications. Agencies shall review and
				update their selection procedures as vacancies occur.
AUTH:
					 2-18-102,
					 MCA; IMP:
					 2-18-102,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3720 - ADMINISTRATION OF SELECTION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1)
				During each step in the selection processes, agency managers shall apply
				consistent selection procedures regarding:
(a)
				content of the procedure applied;
(b) sequence of procedures;
(c) persons involved in administering the
				process; and
(d) the maximum time
				allotted wherever timed procedures are used.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3721 - EVALUATION OF QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Agency
				managers and individuals involved in the selection shall use job-related
				processes to evaluate the applicant's qualifications against the job
				requirements and ability to integrate successfully into the agency's
				culture.
(2) Agency managers and
				individuals involved in the selection process shall recognize the unique
				backgrounds and experiences of each applicant. Selection procedures must be
				flexible enough to elicit information about the applicant's qualifications and
				potential contributions to the work unit. Agency managers shall compare
				applicants to the job qualifications and others in the applicant pool to select
				the best applicant for the job and work unit.
(3) Agency managers may select from any of
				the most qualified group of applicants. The public employment hiring
				preferences must be applied as provided in:
(a) the Veterans' Employment Preference
				Policy (ARM Title 2, chapter, 21, subchapter 36);
(b) the Persons with Disabilities Employment
				Preference Policy (ARM Title 2, chapter, 21, subchapter 14); and
(c) as provided in
				2-18-111,
				MCA, Hiring preference for residents of Indian reservations for state jobs
				within reservation - rules.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3723 - INTENTIONAL MISREPRESENTATION

Current through Register Vol. 13, July 5, 2024
(1) The
				employment process (online and traditional application) includes a notice that
				information applicants provide is subject to verification. Willful
				misstatements of qualifications may exclude an applicant from further
				consideration for the position or may result in discharge from
				employment.
AUTH:
					 2-18-102,
					 MCA; IMP:
					 2-18-102,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3724 - NOTIFICATION OF APPLICANTS

Current through Register Vol. 13, July 5, 2024
(1) Agency managers
				shall notify all applicants of their status in the selection process.
(2) As provided in ARM
				2.21.1428, Hiring Decision (Persons
				with Disabilities Employment Preference policy) and
				2.21.3617, Hiring Decision
				(Veterans' Employment Preference policy), when an applicant claims an
				employment preference, agency managers shall:
(a) provide the applicant a written notice of
				the hiring decision; and
(b)
				maintain a record of the notification and date sent.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3726 - DOCUMENTATION

Current through Register Vol. 13, July 5, 2024
(1) Agency managers shall document the
				following in the recruitment and selection process:
(a) job information;
(b) screening information; and
(c) applicant information.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3727 - ACCESS TO SELECTION MATERIAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 49-3-201,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3728 - ACCESS TO DOCUMENTATION AND CONFIDENTIALITY

Current through Register Vol. 13, July 5, 2024
(1) Job information as described in ARM
				2.21.3726(2) is
				public information.
(2) Screening
				information as described in ARM
				2.21.3726(3) is
				public information; however, an agency may maintain the confidentiality of
				selection procedures and criteria if:
(a) the
				agency can establish a legitimate business need to reuse the procedures and
				criteria; or
(b) agency managers
				determine public disclosure of the information would jeopardize the agency's
				ability to select the best-qualified candidate for the position.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.37 - Recruitment and Selection Policy › Rule 2.21.3735 - CLOSING

Current through Register Vol. 13, July 5, 2024
(1) This subchapter must be followed unless
				it conflicts with negotiated labor agreements or specific statutes, which
				govern to the extent applicable.
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.38 - Probation › Rule 2.21.3801 - SHORT TITLE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-101,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.38 - Probation › Rule 2.21.3802 - POLICY AND OBJECTIVES (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-101,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.38 - Probation › Rule 2.21.3803 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-101,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.38 - Probation › Rule 2.21.3807 - PERMANENT STATUS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-101,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.38 - Probation › Rule 2.21.3808 - PROBATIONARY PERIOD (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-101,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.38 - Probation › Rule 2.21.3809 - EXTENSION OF PROBATIONARY PERIOD (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-101,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.38 - Probation › Rule 2.21.3810 - DISCHARGE OF A PROBATIONARY EMPLOYEE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-101,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.38 - Probation › Rule 2.21.3811 - PROMOTED OR REASSIGNED EMPLOYEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-101,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.38 - Probation › Rule 2.21.3812 - TRANSFERRED EMPLOYEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-18-102, MCA; IMP,
					 2-18-101 and
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.38 - Probation › Rule 2.21.3822 - CLOSING (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-101,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.39 - Employee Exchange/Loan Policy › Rule 2.21.3901 - SHORT TITLE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.39 - Employee Exchange/Loan Policy › Rule 2.21.3902 - POLICY AND OBJECTIVES (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.39 - Employee Exchange/Loan Policy › Rule 2.21.3903 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.39 - Employee Exchange/Loan Policy › Rule 2.21.3904 - PERMANENT EXCHANGE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.39 - Employee Exchange/Loan Policy › Rule 2.21.3911 - TEMPORARY EXCHANGE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.39 - Employee Exchange/Loan Policy › Rule 2.21.3916 - EMPLOYEE LOAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.39 - Employee Exchange/Loan Policy › Rule 2.21.3921 - CLOSING (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4001 - SHORT TITLE

Current through Register Vol. 13, July 5, 2024
(1) This subchapter
				may be cited as the Equal Employment Opportunity, Nondiscrimination, and
				Harassment Prevention Policy.
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4002 - POLICY AND OBJECTIVES

Current through Register Vol. 13, July 5, 2024
(1) These rules
				establish the minimum requirements for implementing and maintaining an equal
				opportunity program that promotes compliance with:
(a) federal laws and regulations prohibiting
				illegal discrimination including the Genetic Information Nondiscrimination Act
				of 2008 (GINA);
(b) the Montana
				Human Rights Act, Title 49, MCA;
(c) the Governmental Code of Fair Practices,
				Title 49, chapter 3, MCA; and
(d)
				the Governor's Executive Order No. 04-2016, Executive Order Prohibiting
				Discrimination in State Employment and Contracts.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4003 - DEPARTMENT OF ADMINISTRATION ROLE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4004 - DEPARTMENT OR AGENCY ROLE (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4005 - EQUAL EMPLOYMENT OPPORTUNITY (EEO) AND NONDISCRIMINATION

Current through Register Vol. 13, July 5, 2024
(1) The executive
				branch is committed to equal opportunity, nondiscrimination, and harassment
				prevention in all aspects of employment and in programs, services, and
				activities offered to the public.
(2) Agency managers, as defined by the agency
				in policy or rule to promote consistency with internal policies and procedures,
				may not tolerate discrimination or harassment based on an individual's race,
				color, national origin, age, physical or mental disability, marital status,
				religion, creed, sex, pregnancy, childbirth, or a medical condition related to
				pregnancy or childbirth, sexual orientation, gender identity or expression,
				political beliefs, genetic information, military service or veteran's status,
				culture, social origin or condition, or ancestry. Likewise, agency management
				may not tolerate discrimination or harassment because of a person's marriage to
				or association with individuals in one of the previously mentioned protected
				classes.
(3) Agency managers may
				use a bona fide occupational qualification (BFOQ) where the reasonable demands
				of a position require a distinction based on age, physical or mental
				disability, marital status, sex, religion, or national origin. A BFOQ is a
				legal exception to an otherwise discriminatory hiring practice. Exceptions are
				strictly construed, as provided in
				49-2-303, MCA, and the burden
				rests with the agency to demonstrate the exemption should be granted. Federal
				and state laws prohibit BFOQs based on race or color.
(4) To promote a work and customer service
				environment free from discrimination, agency managers shall:
(a) base hiring decisions on individual
				competencies and qualifications;
(b) promote an inclusive work environment
				where individuals are afforded every opportunity to reach their fullest
				potential;
(c) recognize individual
				differences as a key element of organizational and team success;
(d) treat individuals with dignity and
				respect; and
(e) value the rights
				of all Montanans to benefit from equal access to employment and programs,
				services, and activities offered to the public.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4006 - PRE-EMPLOYMENT INQUIRIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4007 - PRE-EMPLOYMENT MEDICAL EXAMINATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4008 - RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) The Department
				of Administration shall:
(a) periodically
				review and update equal opportunity (EO) standards, guidelines, and
				administrative processes and procedures;
(b) assist agencies in maintaining an
				effective EO program;
(c) provide
				annual utilization analysis reports to agencies;
(d) create and maintain an annual report
				summarizing state government's efforts toward achieving diversity and
				inclusion;
(e) provide EEO
				analyses, reports, and technical assistance to agencies;
(f) recommend strategies to promote diversity
				and overcome potential barriers to employment;
(g) design and develop diversity and
				inclusion and equal opportunity training that includes minimum standards for
				new employee orientation and refresher training; and
(h) submit the biennial State and Local
				Government EEO-4 Report to the Equal Employment Opportunity Commission by the
				reporting deadline on odd-numbered years.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4009 - COMPLIANCE WITH THE FEDERAL GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 (GINA)

Current through Register Vol. 13, July 5, 2024
(1) To comply with
				GINA, which prohibits discrimination based on genetic information with respect
				to employment or state-sponsored group health plans, agency managers may not:
(a) request, require, or purchase genetic
				information about employees or their family members; or
(b) use genetic information to:
(i) discriminate against an individual in
				hiring, discharge, compensation, terms, conditions, or privileges of
				employment;
(ii) make decisions
				about admission to apprenticeship and training programs, including on-the-job
				training;
(iii) limit, segregate,
				or classify an individual;
(iv)
				fail or refuse to refer an individual for employment;
(v) deprive an individual of employment
				opportunities; or
(vi) acquire
				health insurance or set premiums under the group health plan.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4012 - SEXUAL HARASSMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4013 - HARASSMENT

Current through Register Vol. 13, July 5, 2024
(1) Harassment,
				including sexual harassment, consists of, but is not limited to, oral, written,
				or electronic communications (for example, voice mails, e-mails, text messages,
				or other social networking tools) in the form of repeated and unwelcomed jokes,
				slurs, comments, visual images, or innuendos based on a protected class. Even
				mutually agreeable behavior, or behavior accepted between two or more people,
				can be offensive to others; for this reason it is prohibited in the workplace.
(2) Sexual harassment is a form of
				discrimination that includes unwelcome verbal or physical conduct of a sexual
				nature when:
(a) submission to the conduct is
				implicitly or explicitly made a term or condition of employment;
(b) submission to or rejection of the conduct
				is used as the basis for an employment decision affecting the individual;
				or
(c) the conduct has the purpose
				or effect of unreasonably interfering with an individual's work performance or
				creating an intimidating, hostile, or offensive working environment.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4014 - RETALIATION

Current through Register Vol. 13, July 5, 2024
(1) Agency managers may not retaliate or
				allow, condone, or encourage others to retaliate against any customer,
				applicant, or current or former employee for opposing unlawful discriminatory
				practices, filing a discrimination complaint or participating in a
				discrimination proceeding, including testifying in court.
(2) Agency managers who become aware of
				retaliation shall inform the agency's human resource manager, human resource
				staff, EEO officer, or ADA coordinator. The human resource manager, human
				resource staff, EEO officer, or ADA coordinator shall advise management on the
				appropriate course of action.
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4019 - INITIATING AN INTERNAL COMPLAINT

Current through Register Vol. 13, July 5, 2024
(1) Agency
				managers shall encourage employees, applicants, clients, and customers who
				believe they have been discriminated against or harassed to contact their
				supervisor, another manager, or the agency's EEO officer, ADA coordinator, or
				human resources staff.
(2)
				Complaints may be oral or in writing; however, complainants are encouraged to
				use the Department of Administration's complaint form found at
				http://hr.mt.gov/hrpp/policies.mcpx [File Link Not Available].
(3) For complaints not submitted on a
				complaint form, the agency representative receiving the complaint shall obtain
				and document the following information:
(a)
				name, address, and phone number(s) of the complainant(s);
(b) date(s), time(s), and location(s) of the
				alleged discriminatory behavior or conduct;
(c) name(s), if known, of the
				accused(s);
(d) description of the
				behavior or conduct that resulted in an alleged violation;
(e) whether the alleged discrimination was
				based on a protected class; and
(f)
				names of potential witnesses who may have heard or observed the alleged
				discriminatory conduct or behavior.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4020 - INVESTIGATING A COMPLAINT

Current through Register Vol. 13, July 5, 2024
(1) The EEO
				officer, ADA coordinator, or another representative chosen by management shall
				begin an investigation upon receiving a complaint.
(2) Before the investigation begins, the
				appropriate manager shall separately explain the following to the complainant
				and accused:
(a) the investigation process
				and anticipated timelines; and
(b)
				what retaliation is and that it is illegal.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4021 - POST-INVESTIGATION ACTIONS

Current through Register Vol. 13, July 5, 2024
(1) After receiving
				the final report, the appropriate manager shall promptly inform the complainant
				and accused of the outcome of the investigation in writing.
(2) In the case of a cause finding, the
				appropriate agency manager shall:
(a) take
				appropriate disciplinary action, if necessary, according to the ARM Title 2,
				chapter 21, subchapter 65, Discipline Policy;
(b) advise the complainant corrective action
				to stop the behavior has been taken, but not disclose the details or nature of
				disciplinary action;
(c)
				reemphasize that retaliation is unacceptable behavior; and
(d) contact the complainant within 30 days to
				ensure the behavior has stopped and no retaliation has occurred.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4022 - CONFIDENTIALITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Agency managers
				shall make every attempt to protect the privacy of individuals involved in the
				complaint process; however, individual privacy cannot be guaranteed.
(2) Agency managers may not prohibit
				employees from discussing a complaint or ongoing investigation with coworkers
				unless management conducts an individualized assessment and demonstrates that
				one of the following factors exists:
(a)
				there are witnesses in need of protection;
(b) evidence is in danger of being
				destroyed;
(c) testimony is in
				danger of being fabricated; or
(d)
				there is a need to prevent a cover-up.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4027 - TRACKING AND REPORTING INTERNAL COMPLAINTS

Current through Register Vol. 13, July 5, 2024
(1) Agency EEO officers shall track internal
				complaints using the Complaint Tracking Sheet located on the State Human
				Resources Division web site: http://hr.mt.gov/hrpp/policies.mcpx [File Link Not
				Available]. EEO officers shall provide quarterly summaries of internal
				complaints to the State Human Resources Division no later than the fifteenth
				day of each quarter.
(2) The report
				must include:
(a) the total number of
				complaints;
(b) whether the
				complainant and accused was an employee, customer, or client;
(c) the protected class or basis of the
				complaint;
(d) the reason for
				complaint (for example, employment-related, denied access to a program or
				service, or inappropriate comment); and
(e) the outcome of the complaint.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4028 - INITIATING AN EXTERNAL COMPLAINT

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the internal complaint process, complaints may be filed with the following
				agencies:
(a) Montana Human Rights Bureau, 33
				S. Last Chance Gulch, Suite 2, P.O. Box 1728, Helena, MT 59624-1728, (406) 444-
				4356, (800) 542-0807, Montana Relay Service 711; or
(b) United States Equal Employment
				Opportunity Commission (EEOC) Seattle Field Office, 909 First Avenue, Suite
				400, Seattle, WA 98104-1061, (800) 669-4000, TTY (800) 669-6820, ASL Video
				(844) 234-5122.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.40 - Equal Employment Opportunity, Nondiscrimination, and Harrassment Prevention Policy › Rule 2.21.4029 - RULE VIOLATIONS

Current through Register Vol. 13, July 5, 2024
(1) Employees who
				violate these rules are subject to discipline, up to and including discharge
				under ARM Title 2, chapter 21, subchapter 65, Discipline Policy. A rule
				violation includes managers who allow discrimination to occur or fail to take
				appropriate action to correct inappropriate behavior, including discrimination
				or harassment.
(2) Failure to
				conduct an investigation in a proper and timely manner, interference with an
				investigation, failure to cooperate with an investigator, or making a false
				statement to an investigator may result in disciplinary action, up to and
				including discharge.
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4101 - SHORT TITLE

Current through Register Vol. 13, July 5, 2024
(1) This subchapter
				may be cited as Reasonable Accommodations and Equal Access Policy.
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4102 - POLICY AND OBJECTIVES

Current through Register Vol. 13, July 5, 2024
(1) The rules in
				this subchapter establish the minimum requirements for providing reasonable
				accommodations, reasonable modifications, and equally effective communication
				for persons with disabilities as for persons without disabilities consistent
				with:
(a) the Americans with Disabilities Act
				of 1990 (ADA);
(b) ADA Amendments
				Act of 2008;
(c) Genetic
				Information Nondiscrimination Act of 2008 (GINA);
(d) Montana Human Rights Act, Title 49,
				MCA;
(e) Governmental Code of Fair
				Practices provided in Title 49, chapter 3, MCA; and
(f) Rights of Persons with Disabilities
				provided in Title 49, chapter 4, MCA.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4103 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) The department adopts and incorporates
				the definitions in Title I and Title II of the ADA, as amended by the ADA
				Amendments Act of 2008 ( P.L. 110-325 ), effective
				January 1, 2009, 42 USC
				12102,
				12103,
				12111, and
				12131, which set forth all
				definitions applicable to the law, except those defined under this rule. A copy
				of these definitions may be obtained by contacting the department at the
				address provided in ARM
				2.21.4121 or at
http://www.ada.gov/pubs/adastatute08.htm
.
(2) The following definitions also apply to
				this subchapter:
(a) "Designated personnel"
				means agency representatives identified this subchapter as those responsible
				for processing reasonable accommodation requests including agency managers (as
				defined by the agency in policy or rule to promote consistency with internal
				policies and procedures), ADA coordinators, Equal Employment Opportunity (EEO)
				officers, human resource staff, and individuals involved in the hiring
				process.
(b) "Extenuating
				circumstances" means circumstances beyond management's control and may include
				time spent waiting for medical documentation, special equipment, modifications
				to a work area, or other factors.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4104 - RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) The Department of Administration shall:
(a) periodically review and update, as
				needed, reasonable accommodation and equal access rules, processes, and
				procedures; and
(b) design and
				develop training for employees that includes reasonable accommodations,
				reasonable modifications, and effective communication processes and
				procedures.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4105 - REASONABLE ACCOMMODATIONS

Current through Register Vol. 13, July 5, 2024
(1) Agency
				managers shall provide reasonable accommodations to qualified individuals with
				disabilities in all aspects of employment unless doing so would cause undue
				hardship.
(2) Agency managers shall
				encourage employees and applicants with disabilities to request reasonable
				accommodations at any time they identify a barrier to employment. A barrier may
				include a policy, procedure, or workplace arrangement preventing applicants
				from effectively competing for a position and employees from performing
				essential functions of their position or receiving benefits of
				employment.
(3) The obligation to
				provide reasonable accommodations applies to all aspects of employment. This
				responsibility is ongoing and a reasonable accommodation may become necessary
				any time a person's disability or job changes.
2-18-102, MCA; IMP,
					 2-18-102,
					 49-2-101,
					 49-3-101,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4106 - REQUESTING REASONABLE ACCOMMODATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				Employees or applicants with a disability may request reasonable accommodations
				through any one of the designated personnel.
(2) Reasonable accommodation requests may be
				oral or in writing and do not have to include the words "reasonable
				accommodation" or "disability." Employees may simply indicate they are having
				difficulty performing their job or applying for a position because of a
				disability.
(3) Family members,
				friends, health care professionals, or other representatives may request
				reasonable accommodations on employees' or applicants' behalf.
(4) There are no time limits for requesting
				an accommodation; however, employees should not wait for an impairment to
				affect their job performance before requesting an accommodation. Employees are
				encouraged to communicate with agency management about performance issues as
				soon as they realize the need for an accommodation.
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4107 - RESPONDING TO REASONABLE ACCOMMODATION REQUESTS

Current through Register Vol. 13, July 5, 2024
(1) Designated personnel who receive
				reasonable accommodation requests shall promptly notify their agency ADA
				coordinator of the request.
(2) If
				the request comes from someone other than an agency manager, the ADA
				coordinator shall inform the appropriate manager and provide assistance
				throughout the reasonable accommodation process. With assistance from the ADA
				coordinator, the agency manager shall:
(a)
				participate in an informal dialogue (known as the interactive process) with the
				employee or applicant;
(b)
				periodically follow up with the employee or applicant on all reasonable
				accommodation requests; and
(c)
				approve or deny the request within 30 working days following the initial
				request, unless extenuating circumstances exist.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4112 - PARTICIPATING IN THE INTERACTIVE PROCESS

Current through Register Vol. 13, July 5, 2024
(1)
				Agency managers shall participate in the interactive process until they
				identify an effective accommodation or determine a reasonable accommodation is
				not possible. Failure to participate in the interactive process could result in
				a delay or failure to provide a reasonable accommodation.
(2) When an employee or applicant requests a
				reasonable accommodation, the dialogue between designated personnel and the
				employee may include the following:
(a) a
				discussion of the employee's specific limitations;
(b) how the limitation affects the employee's
				performance;
(c) specific job tasks
				or selection procedures that are or may be problematic for the
				employee;
(d) possible
				accommodations; and
(e) if
				implemented, whether the accommodation was effective.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4113 - DOCUMENTING REASONABLE ACCOMMODATION REQUESTS

Current through Register Vol. 13, July 5, 2024
(1) Agency managers shall document all
				reasonable accommodation requests and their contact with designated personnel.
				Documentation must include the following:
(a)
				accommodation requested and discussed;
(b) impact of the impairment on the
				employee's ability to perform their job or an applicant's ability to
				participate in the selection process;
(c) follow-up discussions with employees,
				applicants, or their representative; and
(d) decisions made and actions
				taken.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4114 - REQUESTING MEDICAL DOCUMENTATION

Current through Register Vol. 13, July 5, 2024
(1)
				Medical examinations must be job-related and consistent with business
				necessity.
(2) Agency managers may
				request documentation from an appropriate health care professional when the
				need for a reasonable accommodation is not known or obvious. If an agency
				manager requests medical documentation, the manager:
(a) shall provide the request to the
				applicant or employee in writing;
(b) shall explain the need for documentation
				and limit the request to information about the individual's disability,
				functional limitations, and the need for a reasonable accommodation to perform
				the essential functions of the job;
(c) shall include a statement to the
				applicant, employee, or health care provider to not provide genetic information
				as specified under ARM Title 2, chapter 21, subchapter 40, Equal Employment
				Opportunity, Nondiscrimination, and Harassment Prevention Policy;
(d) may not request more information than
				required to support the need for a specific type of accommodation;
				and
(e) may not request
				documentation when the disability and the need for a reasonable accommodation
				are obvious or when the individual has already provided sufficient information
				to substantiate their need for a reasonable accommodation.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4115 - APPROVING REASONABLE ACCOMMODATION REQUESTS

Current through Register Vol. 13, July 5, 2024
(1) Agency managers shall serve as the
				approval authority for all reasonable accommodation requests.
(2) If agency managers determine the request
				is reasonable, they shall:
(a) grant the
				request and notify the employee or applicant in writing of their
				decision;
(b) implement the
				accommodation as soon as practical;
(c) follow up with the employee or applicant
				to ensure the accommodation is effective;
(d) continue the interactive process if the
				accommodation is not effective, the need for the accommodation has changed, or
				the job has changed; and
(e)
				continue the interactive process until they find an alternative or determine it
				is not possible to provide a reasonable accommodation.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4116 - REASSIGNING AN EMPLOYEE AS A REASONABLE ACCOMMODATION

Current through Register Vol. 13, July 5, 2024
(1) When an employee with a disability can no
				longer perform the essential functions of their position with or without a
				reasonable accommodation, the agency manager shall consider reassigning the
				employee to an equivalent vacant position unless doing so would create an undue
				hardship. The employee shall concur with the reassignment.
(2) When reassigning an employee to a vacant
				position as a reasonable accommodation, agency managers shall:
(a) do so without a competitive
				process;
(b) consider any
				implications under a seniority system of a collective bargaining
				agreement;
(c) attempt to reassign
				a qualified employee to a vacant position equivalent in pay, status, and other
				relevant factors (e.g., benefits, geographical location); and
(d) continue the interactive process after
				reassigning an employee to ensure the employee is able to perform the essential
				functions of the job, with or without a reasonable accommodation.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4117 - DENYING REASONABLE ACCOMMODATION REQUESTS

Current through Register Vol. 13, July 5, 2024
(1) If agency managers determine they cannot
				reasonably accommodate a request or an accommodation would create an undue
				hardship, they shall forward the recommendation to their division
				administrator. If the division administrator is the manager receiving the
				request, the administrator shall make the recommendation to their
				supervisor.
(2) If the division
				administrator or higher-level manager concurs with the recommendation, the
				administrator or manager shall notify the employee or applicant in writing
				within 30 working days of the initial request.
(3) The written notification must include an
				explanation for the denial and the appeal process.
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4118 - DISCHARGING EMPLOYEES WITH DISABILITIES

Current through Register Vol. 13, July 5, 2024
(1)
				Agency managers may discharge an employee with a disability when the employee
				is no longer able to perform the essential functions of their job with or
				without a reasonable accommodation, and managers have ruled out all possible
				options.
(2) If denial of a
				reasonable accommodation results in the discharge of an employee, the appeal
				process outlined in ARM Title 2, chapter 21, subchapter 65, Discipline Policy
				or applicable collective bargaining agreement supersedes the reasonable
				accommodation appeal process.
2-18-102, MCA; IMP,
					 2-18-102,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4119 - APPEALING DENIAL OF REASONABLE ACCOMMODATION REQUESTS

Current through Register Vol. 13, July 5, 2024
(1) The department head shall serve as the
				appeal authority for all denials.
(2) Employees and applicants wishing to
				appeal a denial shall submit a written request, along with supporting
				documents, to the department head within 15 working days from the time they
				receive the denial letter.
(3) The
				department head shall work with the appropriate agency manager, the ADA
				coordinator, and human resources manager to review pertinent information and
				the rationale for denial.
(4) Upon
				completion of the review, the department head shall:
(a) deny the request, approve the request, or
				refer it back to management for further action; or
(b) notify the employee or applicant of their
				decision in writing within 15 working days of receiving the appeal.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.21 - STATE HUMAN RESOURCES DIVISION › Subchapter 2.21.41 - Reasonable Accommodations and Equal Access Policy › Rule 2.21.4120 - CONFIDENTIALITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Agency managers
				shall:
(a) treat all information related to
				an employee's or applicant's disability as confidential; and
(b) maintain disability-related information
				according to the requirements of ARM Title 2, chapter 21, subchapter 66,
				Employee Records Management Policy.