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2.21.912    DISCHARGING AN EMPLOYEE WITH A DISABILITY

(1) An employee with a disability who fails to perform his or her essential job duties in a satisfactory manner or whose behavior interferes with or disrupts department operations may be subject to disciplinary action, up to and including discharge, in compliance with the state discipline handling policy, ARM 2.21.6505 et seq.

(2) If a disciplinary action or discharge is due to a known disability, the department must be prepared to document:

(a) that the employee with the disability cannot perform the essential functions or duties of the position; and

(b) that no reasonable accommodation is possible, or

(c) that an accommodation would create an undue hardship on the department.

History: Sec. 2-18-102 MCA; IMP, 2-18-102 MCA; NEW, 1986 MAR p. 1815, Eff. 10/31/86; AMD, 1994 MAR p. 1410, Eff. 5/27/94.

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