Montana § 39-30-201 Employment Preference In Initial Hiring

Montana Statutes

§ 39-30-201 — Employment Preference In Initial Hiring

Montana § 39-30-201

Title 39LABOR

Ch. 30PERSONS WITH DISABILITIES PUBLIC EMPLOYMENT PREFERENCE

Part 2Operative Provisions

This text of Montana § 39-30-201 (Employment Preference In Initial Hiring) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 39-30-201 (2026).

Text

39-30-201 . Employment preference in initial hiring.

(1)Except as provided in 10-2-402 and subsection (3) of this section, in an initial hiring for a position, if a job applicant who is a person with a disability or eligible spouse meets the eligibility requirements contained in 39-30-202 and claims a preference as required by 39-30-206 , a public employer shall hire the applicant over any other applicant with substantially equal qualifications who is not a preference-eligible applicant.

(2)The employment preference provided for in subsection (1) does not apply to a personnel action described in 39-30-103 (2)(b) or to any other personnel action that is not an initial hiring.

(3)To minimize confusion between 39-29-102 and this section, if a public employer in an initial hiring for a posi

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39-30-201 . Employment preference in initial hiring. (1) Except as provided in 10-2-402 and subsection (3) of this section, in an initial hiring for a position, if a job applicant who is a person with a disability or eligible spouse meets the eligibility requirements contained in 39-30-202 and claims a preference as required by 39-30-206 , a public employer shall hire the applicant over any other applicant with substantially equal qualifications who is not a preference-eligible applicant.
(2) The employment preference provided for in subsection (1) does not apply to a personnel action described in 39-30-103 (2)(b) or to any other personnel action that is not an initial hiring.
(3) To minimize confusion between 39-29-102 and this section, if a public employer in an initial hiring for a position uses a scoring procedure, the employer shall follow the guidelines in 39-29-102 if an applicant requests a veterans' or disabled veterans' preference. If a scoring procedure is not used, the employer shall provide preference first to a disabled veteran, then to 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 applicant that does not have preference eligibility and that has substantially equal qualifications.