39-29-102. Point preference or alternative preference in initial hiring for certain applicants -- substantially equivalent selection procedure.

311 words·~1 min read·/mt/title-39/chapter-29/part-1/39-29-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

39-29-102 . Point preference or alternative preference in initial hiring for certain applicants -- substantially equivalent selection procedure.

(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 .