(1) Each agency shall develop an EEO program as provided in 49-3-201 , MCA, and the Nondiscrimination-EEO Policy, ARM 2.21.4004. The procedures for establishing the program are in the "Nondiscrimination-Equal Employment Opportunity Guide" available on the State Personnel Division web site: http://hr.mt.gov/HRServices/policiesguides.asp.

(2) Each agency shall maintain electronic records for each job, on sex, race, and ethnic group for employees and applicants, as provided in 49-2-102 , MCA, and the Uniform Guidelines on Selection Procedures, 1978. The guidelines, adopted by reference, are published in Title 29, Code of Federal Regulations (CRF) Part 1607 and are available on the US Equal Employment Opportunity Commission web site: http://www.eeoc.gov/policy/regs/index.html.

(a) State Personnel Division, Department of Administration, shall provide the utilization analysis and the adverse impact reports annually to each agency.

(b) Each agency shall make adverse impact and utilization analysis evaluations at least annually for each group that is 2% or more of the labor force and develop an action plan to correct problem areas.

(c) Records must be maintained for a period of time consistent with the employee record keeping policy, MOM Policy 3-0110, revised June 12, 1992.

(3) Agencies shall make reasonable accommodations for a known physical or mental limitation of an otherwise qualified individual with a disability unless provision of such accommodation would impose an undue hardship, as set forth by the Americans with Disabilities Act of 1990 and the Montana Human Rights Act, Title 49, MCA. Requests for reasonable accommodation may include receiving an accessible copy of the vacancy announcement, submitting an application, participating in an interview, or testing procedure, etc.

(4) Agencies shall make reasonable accommodations for religious observances or practices of an employee or applicant with regard to scheduling of tests or other selection procedures unless to do so would create an undue hardship on the conduct of the business, as set forth in the Guidelines on Discrimination Because of Religion. The guidelines, adopted by reference, are published in Title 29 CFR, Part 1605, revised July 1, 2003, and are available on the US Equal Employment Opportunity Commission web site: http://www.eeoc.gov/policy/regs/index.html.

(5) Reasonable accommodation requests must be evaluated on a case-by-case basis.

(6) The MOM policies and ARM rules and the state and federal guidelines referenced in this rule are incorporated by reference and are also available from the State Personnel Division, Department of Administration, Room 130 Mitchell Building, 125 Roberts Street, P.O. Box 200127, Helena, MT 59620-0127, or telephone (406) 444-3871.