Announcement

Announcement Module
Collapse
No announcement yet.

Question on whether this is legal....

Page Title Module
Move Remove Collapse
X
Conversation Detail Module
Collapse
  • Filter
  • Time
  • Show
Clear All
new posts

  • Question on whether this is legal....

    I had applied for a job and during the interview I mentioned my being in the National Guard. The interviewer immediately said that there was no use continuing the interview because their was no way they could hire me based on the amount of hours I'd need off for drills and annual training. Is this legal, or should I be contacting their HR department?


    Sorry if this is the wrong place to post this!

  • #2
    Re: Question on whether this is legal....

    Thats a good question. I would like to see what the answer is to that as well.

    Comment


    • #3
      Re: Question on whether this is legal....

      See below. I recommend you contact the ESGR and bring the details of this with you. Go to this link, click your state and you'll see the contacts.



      Can an employer discriminate based on past or present Military service?
      An employer must not deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment to an individual on the basis of his or her military service. Additionally, an employer cannot retaliate against an individual by taking any adverse employment action against him or her because the individual has taken an action to enforce a protection afforded any person under USERRA; testified or otherwise made a statement in or in connection with a proceeding under USERRA; assisted or participated in a USERRA investigation; or exercised a right provided for by USERRA.


      Does USERRA protect against discrimination in initial hiring decisions?
      Yes. A person, institution, organization, or other entity that has denied initial employment to an individual is in violation of USERRA’s anti-discrimination provisions. Under the act, an employer need not actually employ an individual to be his or her “employer,” if initial employment was denied on the basis of the individual’s military affiliation application for membership, performance of service, application for service, or obligation for service in the uniformed services. For example, if the individual has been denied initial employment because of his or her obligations as a member of the National Guard or Reserve, the company or entity denying employment is an employer for purposes of USERRA. Similarly, if an entity withdraws an offer of employment because the individual is called upon to fulfill an obligation in the uniformed services, the entity withdrawing the employment offer is an employer for purposes of USERRA.


      http://www.esgr.org/site/Resources/E...urceGuide.aspx
      Last edited by SteveLord; April 27th, 2011, 09:47 PM.

      Comment


      • #4
        Re: Question on whether this is legal....

        Even if you don't want to work there, please do file a complaint with ESGR and the company's HR department.

        Comment


        • #5
          Re: Question on whether this is legal....

          Originally posted by matthew.ritchie View Post
          Even if you don't want to work there, please do file a complaint with ESGR and the company's HR department.
          Do this....it only helps other Guardsman in the future who may have a problem with the company.

          Comment


          • #6
            Re: Question on whether this is legal....

            And pray, do tell, where were you applying that so cordially declined you employment?

            Comment


            • #7
              Re: Question on whether this is legal....

              Definitely provide the interviewer's name because his remarks weren't necessary. He opened up a can of worms by his actions. In all honesty, he could of just continued the interview and say "thank you for your time" when it was over and you wouldnt have known the underlying reasons for no call back or hire.

              Comment


              • #8
                Re: Question on whether this is legal....

                Originally posted by fmcityslicker View Post
                He opened up a can of worms by his actions. In all honesty, he could of just continued the interview and say "thank you for your time" when it was over and you wouldnt have known the underlying reasons for no call back or hire.
                EXACTLY...that's what happens most of the time and you just get the "feeling" it was because of the guard.

                Comment


                • #9
                  Re: Question on whether this is legal....

                  Reservists should be classified as a protected class such as other groups of people are.

                  Comment


                  • #10
                    Re: Question on whether this is legal....

                    I had been denied plenty of opportunities from work because I knew I still had to complete basic training. I finally got a job- only because I told them training was a POSSIBILITY. Now I have to tell them I am leaving in a couple weeks for training (Just got my orders) Im sure they won't be too happy considering I just started working, but I had to look out for myself and pay the bills I needed to pay.

                    Comment


                    • #11
                      Re: Question on whether this is legal....

                      I usually do not tell employers during interviews of my Military status. Unless it is a quality they are seeking, there is no requirement to tell them that you are a drilling reservist.

                      Comment


                      • #12
                        Re: Question on whether this is legal....

                        Would everyone here agree that the job market ***** for reservists?

                        Comment


                        • #13
                          Re: Question on whether this is legal....

                          Thanks for the input everyone. I'll definitely be contacting their HR department about this, my take is that it was just an honest outright mistake, and that the interview didn't know the law....I don't think someone could be so dumb to outright refuse employment if they know it could create a legal issue. For those of you who don't denote your military obligations on the application or during the interview, I assume you tend to fare better in getting jobs?

                          Comment

                          Working...
                          X