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Current as of January 01, 2024 | Updated by FindLaw Staff
(1) Subject to the restrictions in subsections (2) and (3), whenever a public employer uses a scored procedure, an applicant for an initial hiring, as defined in 39-30-103, must have added to the applicant's score the following percentage points of the total possible points that may be granted in the scored procedure:
(a) 5 percentage points if the applicant is a veteran; and
(b) 10 percentage points if the applicant is a disabled veteran or an eligible relative.
(2) A veteran, disabled veteran, or eligible relative may not receive the percentage points provided for in subsection (1) unless the person:
(a) is a United States citizen; and
(b) meets the minimum qualifications required for the position. If no applicant meets the minimum qualifications and the public employer fills a training position, veterans' preference must be applied.
(3) A disabled veteran who receives 10 percentage points under subsection (1)(b) may not receive an additional 5 percentage points under subsection (1)(a).
(4) Whenever a public employer uses a selection procedure other than a scored procedure, the public employer shall give preference to a disabled veteran, a person with a disability, a veteran, an eligible relative as defined in 39-29-101, and an eligible spouse as defined in 39-30-103, in that order, over any nonpreferred applicant holding substantially equal qualifications, as defined in 39-30-103.
(5) The preference under this section may include a guaranteed job interview for a veteran who meets the required qualifications for the position and has requested a preference, as provided in 39-29-103, if the public employer provides for a job interview preference by rule or ordinance. The guarantee of a job interview is not part of the preference claim that may be enforced as provided in 39-29-104.
Cite this article: FindLaw.com - Montana Title 39. Labor § 39-29-102. Point preference or alternative preference in initial hiring for certain applicants--substantially equivalent selection procedure - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-39-labor/mt-code-ann-sect-39-29-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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