(1) It is the policy of the state of Montana to:

(a) recruit and select employees on the basis of merit and job-related qualifications without consideration of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, national origin as provided in 49-3-201 , MCA, or sexual orientation as provided in the Nondiscrimination-Equal Employment Opportunity (EEO) policy, ARM 2.21.4001, et seq.;

(b) provide qualified applicants with a reasonable opportunity to learn about, apply for, and be considered for positions when external recruitment is conducted.

(2) Agencies may use a bona fide occupational qualification (BFOQ) where the reasonable demands of a position require such distinction. To establish a BFOQ for a position, an agency must demonstrate that the distinction is reasonably necessary to the normal operations of the agency's business or that the differentiation is based on reasonable factors as provided in 49-3-103 , MCA. This means the agency must present evidence that a definable group of employees would be unable to perform the job safely and efficiently or that it would be impossible or highly impractical to consider the qualifications of each such employee and that the BFOQ is reasonably necessary to the operation of the agency.

(3) An agency may not select an individual for permanent status employment without a competitive recruitment process except as allowed in ARM 2.21.3705.

(4) It is the objective of this policy to establish minimum standards for fair and consistent treatment of applicants and employees in recruitment and selection that comply with relevant state and federal laws, regulations, and rules.

(5) Nothing in this policy is intended to preclude the use of recruitment and selection procedures that assist in the achievement of affirmative action objectives. Compliance with these rules does not relieve an agency of any obligations they may have to undertake affirmative action to assure equal employment opportunity.