Montana Code 49-3-201. Employment of state and local government personnel
49-3-201. Employment of state and local government personnel. (1) State and local government officials and supervisory personnel shall recruit, appoint, assign, train, evaluate, and promote personnel on the basis of merit and qualifications without regard to race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin.
Terms Used In Montana Code 49-3-201
- Age: means number of years since birth. See Montana Code 49-3-101
- Appraisal: A determination of property value.
- Physical or mental disability: means :
(i)a physical or mental impairment that substantially limits one or more of a person's major life activities;
(ii)a record of such an impairment; or
(iii)a condition regarded as such an impairment. See Montana Code 49-3-101
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Qualifications: means qualifications that are genuinely related to competent performance of the particular occupational task. See Montana Code 49-3-101
- Sex: has the meaning provided in 1-1-201. See Montana Code 49-3-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)All state and local governmental agencies shall:
(a)promulgate written directives to carry out this policy and to guarantee equal employment opportunities at all levels of state and local government;
(b)regularly review their personnel practices to ensure compliance; and
(c)conduct continuing orientation and training programs with emphasis on human relations and fair employment practices.
(3)The department of administration shall ensure that the entire examination process, including appraisal of qualifications, is free from bias.
(4)Appointing authorities shall exercise care to ensure utilization of minority group persons.
(5)Compliance with 2-2-302 and 2-2-303, which prohibit nepotism in public agencies, may not be construed as a violation of this section.
(6)For the purposes of this section, employment does not refer to or include services provided by an individual working under an independent contractor exemption certificate issued under 39-71-417.