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(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) provide EEO analyses, reports, and technical assistance to agencies;

(e) recommend strategies to promote diversity and overcome potential barriers to employment; and

(f) design and develop equal opportunity training.

(2) Executive branch department heads shall:

(a) appoint an EEO officer responsible for:

(i) managing the agency's EEO program;

(ii) training employees on EO;

(iii) assisting employees and managers with resolving EO issues;

(iv) conducting internal investigations; and

(v) developing written EEO action plans; and

(b) appoint an ADA coordinator responsible for:

(i) training employees on the ADA, disability awareness, and reasonable accommodations;

(ii) conducting self-evaluations to assess accessibility of programs, services, and activities; and

(iii) assisting with reasonable accommodation requests.

(3) Agency managers shall:

(a) retain electronic records for all jobs recording the sex, race, and ethnic group of employees and applicants as provided in 49-2-102, MCA, and the Uniform Guidelines on Employee Selection Procedures (1978); 43 FR 38295 (August 25, 1978);

(b) provide reasonable accommodations, upon request, for qualified individuals with disabilities and for applicants and employees based on their religious practices, unless doing so would create an undue hardship;

(c) post the state's EO policy poster and complaint-resolution procedures, including contact information for the agency EEO officer and ADA coordinator, in areas frequented by employees and the public;

(d) provide a copy of these rules to all employees;

(e) provide EO and harassment prevention training to all new employees within 90 days of hire or within six months of August 26, 2011, for current employees who have not yet received training;

(f) provide EO and harassment prevention refresher training for all employees every three years or more frequently as needed; and

(g) document all training in the employee's personnel file.

History: 2-18-102, MCA; IMP, 2-18-102, MCA; NEW, 2011 MAR p. 1672, Eff. 8/26/11.

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