Posted on May 2, 2017
Should I report National Guard hiring discrimination?
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Recently had a phone interview with a large bank. I was talking to the branch manager and she told me that she would hire me if I didn't have drill once a month, since I would be required to work a Saturday a month on a rotating schedule. She then proceeded to tell me to let her know if I get out and then she would hire me. I wouldn't want to work there now anyway, but should I report this?
Interview
Discrimination
Reserves
Posted >1 y ago
Responses: 29
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Absolutely file. Reach out to ESGR and the EEO. Both will help you at no charge. I would not worry about their word versus yours; both organizations are good at getting results based on your information provided. The employer will have to prove it did NOT happen. It's their burden not yours. If all cases required documentation other than your experience then nothing would ever change! At the minimum - you can still make an impact on the employer refusing to hire you based on National Guard service. It's the right thing to do. The process will be long - (expect a year). Good Luck in whatever you decide.
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I Am Not A Lawyer
However, I have always been told, and the web site supports, http://military.findlaw.com/family-employment-housing/what-is-military-employment-discrimination.html
USERRA is only applicable to employees. Not potential employees.
There is no verbiage in that web site discussing and informing about USERRA that references POTENTIAL employees.
Only current or past employees
However, I have always been told, and the web site supports, http://military.findlaw.com/family-employment-housing/what-is-military-employment-discrimination.html
USERRA is only applicable to employees. Not potential employees.
There is no verbiage in that web site discussing and informing about USERRA that references POTENTIAL employees.
Only current or past employees
What is Military Employment Discrimination?
The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires reemployment of service members.
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The reason you weren't hired was due to conflicts in scheduling, NOT because are serving in the National Guard. I suppose you can try to file a report, but is it really worth it?
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SSG Bill McCoy
From ESGR's website:
"ESGR, a Department of Defense program, was established in 1972 to promote cooperation and understanding between Reserve Component Service members and their civilian employers and to assist in the resolution of conflicts arising from an employee's military commitment.: So it would seem, not unlike USERRA, it's only applicable to someone who IS an actual EMPLOYEE ... not an applicant.
"ESGR, a Department of Defense program, was established in 1972 to promote cooperation and understanding between Reserve Component Service members and their civilian employers and to assist in the resolution of conflicts arising from an employee's military commitment.: So it would seem, not unlike USERRA, it's only applicable to someone who IS an actual EMPLOYEE ... not an applicant.
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CW3 Harvey K.
SSG Tom Pike - As I noted, the "scheduling problem" is a fiction meant to serve as an excuse for not hiring someone who might be called to active duty. My unit always published the drill schedule a year in advance. Certainly, the interface with the bank schedule of rotating Saturdays could be accommodated. We always had the opportunity of "make-up drills" for drills we were excused from for good reason, like civilian work conflicts.
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