Veterans' Preference in the State of Montana: Equal Employment or Affirmative Action?

Abstract

In 1983, the Supreme Court of Montana, in the case of Vivian Crabtree v. Montana State Library, decided that veterans were entitled to absolute preference in public service based on a 1921 statute as amended in 1927, thus ending preference as a tie-breaker in employment. This paper addresses the question whether veterans' preference, as such, contributed to either equal employment or affirmative action, and concludes that it violated both. Data show that preference as a tie-breaker, let alone absolute preference, led to over-representation of veterans, with lesser representation of females, the disabled and minorities, particularly Native Americans. The findings also warrant a fresh, dispassionate look at veterans' preference.