Deployment Possibility Question During Job-interview?

LTC Private RallyPoint Member — Wed, 19 Feb 2014 00:52:49 -0500

During a recent Civilian Job-interview, the manager asked me if it was possible for me to be deployed again? As an Army Reserve Soldier, there is ALWAYS a possibility for deployment at any-time, just as any male between the age of 18 and 60 who signed-up for selective service can be drafted. This question is similar to asking any female between the age of 18 and 48 if there is a possibility they could get pregnant and have to be provided a maternity leave of absence.

This has come-up at almost every job-interview. Please provide your
view-point or experience. Thank you, MAJ G.

Response by SSgt Gregory Guina made Feb 19 at 2014 12:56 AM

SSgt Gregory Guina — Wed, 19 Feb 2014 00:56:31 -0500

I believe that asking that question is illegal.  Just as not holding a job for you if you do deploy.  I would have to do some research to verify that.

Response by CW3 Nick Vigil made Feb 19 at 2014 1:11 AM

CW3 Nick Vigil — Wed, 19 Feb 2014 01:11:22 -0500

Almost want to see this type of question is derogatory. Will say it appears prejudicial at least and it seems would be a violation of the Soldier Sailor Act. I am not a lawyer or legal aid. Maybe a question for a state's attorney who will refer to the state labor board.

Response by CMC Robert Young made Feb 19 at 2014 10:03 AM

CMC Robert Young — Wed, 19 Feb 2014 10:03:33 -0500

Major, I'm in the same situation. So far nobody has been quite that direct with me, but they all tap dance around the issue fishing without actually speaking the question out loud. Their intent is clear though.

I do believe that there is a significant bias against those of us who serve in the reserve particularly in light of recent history. I applied for a senior leadership position at a local law enforcement agency after returning from my last mobilization. I was told that I did very well by the review panel, but was not offered the job. A week later the job was advertised again with very carefully worded language which precluded anybody with recent military experience from qualifying.

It's frustrating because I like you have much experience, training, education to offer anybody who would hire me if they could just get beyond the fact that I MIGHT be recalled to active duty at some undetermined time in the future.

Response by CSM Chris McKeown made Feb 20 at 2014 1:29 AM

CSM Chris McKeown — Thu, 20 Feb 2014 01:29:13 -0500

Here is a good and probably accurate answer. ( Well I don't think I have to worry about that as long as President Obama is in office.)

Response by LTC Christopher "Kit" Patterson made Feb 20 at 2014 7:37 AM

LTC Christopher "Kit" Patterson — Thu, 20 Feb 2014 07:37:46 -0500

That question is illegal to ask.  I avoid the topic by not mentioning that I was (at the time) in the Reserves.  I learned that lesson the hard way several years ago when I missed a deployment for an exercise because my supervisor told me that I had get out of movement because my products were due to the customer or I would not have a job when I returned. My absence was nothing new to him since I had been reminding him 90 days out that I was taking military leave for an exercise.  I should have contacted HR to set him straight  but I was new to the Reserve and did not understand my rights. So I got out of the movement and kept my job only to be laid off several months later. 

Response by Sgt John Henry made Feb 20 at 2014 12:16 PM

Sgt John Henry — Thu, 20 Feb 2014 12:16:36 -0500

It may be illegal for the employer to ask that but it leads one to believe that many employers will discriminate against Reservists and not even try to hire them to begin with at the company.

Response by LTC Private RallyPoint Member made Feb 20 at 2014 12:22 PM

LTC Private RallyPoint Member — Thu, 20 Feb 2014 12:22:05 -0500

It may not be legal for them to ask but if I was an employer I would not want to hire someone who could be called away for a year with no notice.

Tell them why it's not likely. "If the country is still at war in 5 or 6 years"

Response by SGT Private RallyPoint Member made Feb 20 at 2014 2:37 PM

SGT Private RallyPoint Member — Thu, 20 Feb 2014 14:37:02 -0500

When I first separated from active duty military in 2005 I was asked the same question by every civilian employer that I interviewed with.  I was even flat out told that they only reason they chose not to hire me was because I was still in the reserves and the possibility of deploying was there!  Is this illegal, yes but how do you prove it.  It’s my word against theirs, and even if I did take legal action and forced them to hire me what would that solve.  I would now be working for an organization that would take every opportunity to make me miserable.  I have found that it is best to just accept the fact that you are better off not working for that kind of organization.  And to find one that appreciates veterans and the values that we bring with us.

Response by MAJ(P) Private RallyPoint Member made Feb 21 at 2014 9:38 AM

MAJ(P) Private RallyPoint Member — Fri, 21 Feb 2014 09:38:07 -0500

I have been asked that question and provided them a response indicating that this is always a possibility-it's part of being a military member; however, this cannot be a factor in determining hiring and that the Uniformed Services Employment and Reemployment Rights Act (USERRA) could provide additional information. I offered to provide them information if they liked as many employers are unfamiliar with these laws. I was offered the position but did not accept it (since I could tell they were probably not going to be the most 'military' friendly). I did start carrying a USERRA brochure when I have civilian interviews so I can provide it if the question arises. Since then I have gone the route of Fed. government employment.

Response by MAJ(P) Private RallyPoint Member made Feb 21 at 2014 9:42 AM

MAJ(P) Private RallyPoint Member — Fri, 21 Feb 2014 09:42:04 -0500

I would also like to offer that I never hid the fact I'm in the military -- for a number of reasons:

1) you are showing dishonesty by not providing that information

2) do you really want to work for an employer that doesn't support your service?

3) most educated employers want to take advantage of the skills you have gained from your military service (for those that have been in for an extended period) and you provide that "diversity" of having experienced different cultures and different situations.

Response by CPT Private RallyPoint Member made Feb 21 at 2014 10:43 AM

CPT Private RallyPoint Member — Fri, 21 Feb 2014 10:43:12 -0500

I have taken ARNG off of my Linked-In page.

I now have two different resumes. One with ARNG and one without. I research a company on linked in prior to applying. If it looks like they are military friendly, I send them the ARNG one, if not, than the opposite.

ARNG has come up in interviews and I can tell that it is an issue for the employer (and I get the business reasons behind it even though it is illegal)

I do feel a bit like I am lying if I do not have ARNG on my resume, but since it is illegal for them to use that fact in consideration of my employment, I get over it pretty quickly.

Response by CMC Robert Young made Feb 21 at 2014 10:55 AM

CMC Robert Young — Fri, 21 Feb 2014 10:55:43 -0500

Sir, it's odd that the topic came up when it did. I had an interview mid week, and the first question was not about my qualifications for job, but a discussion on my military commitment. The person interviewing me claimed to be prior service USA and USAR with a clear understanding of what was required, but his primary concern was how I would work out avoiding my military commitment to be at work when he wanted me there.

They called last night to offer me the job, and as badly as I need to go back to work, I turned it down. The overly impatient concern with my military association supplemented by some other bright red flags were cause enough to know that was not God's calling.

Response by 1LT(P) Jan I. made Feb 21 at 2014 11:20 AM

1LT(P) Jan I. — Fri, 21 Feb 2014 11:20:45 -0500

Sir, I learned real quick not to mention my NG duties during an interview, unless I absolutely needed to and I knew it would be in my best interest to do so. The first few companies I interviewed with, I did so leading with my leadership experience in the Guard - I either never got a call back, or the companies started finding other reasons not to hire me, once they understood the possibility of me being absent for military duty (which is actually quite common with all the MUTA 6's and AT that CA ARNG seems to have). My last two jobs with Fortune 500 companies have all been a combination of keeping my military duties quiet, and having the fortune to work for companies/bosses who have been very supportive of military service. My last manager was a Eagle Scout troopleader, while my current manager was prior service Army during the OIF period. HP also has an extremely accommodating HR policy on being absent for military duty, going above and beyond the federally-mandated "keep the job" requirement that we reservists depend on IOT keep a living before/after military absences. Military obligation is nothing like maternity leave - employers know that females will only have one or two examples where they need to take it, while with reservists, they have no idea how often, nor how long, their employees will be gone during critical points of the fiscal year. Even now, with my current job, with all the layoffs going on, there's always a possibility that my name might go on the chopping block, for the simple reason that I've needed to submit no less than 10 notifications for military leave in the past year. Who is my employer going to keep: the reservist who takes leave with little notice at least once a month, and two weeks in the summer, or the full-time civilian who can dedicate their working life to being there 100%? Some SMs may say that hiding military obligation is shameful, but the truth of the matter is, unless you're AD, you've got to do what needs to get done in order to keep a living. I would definitely mention your military obligation at some point during the hiring process (you need to be able to go back and point to a time when you informed your employer of your need for military leave), but I would also equally advise not making your service a centrepiece of your interview.

Response by SGT Michael Little made Feb 21 at 2014 12:54 PM

SGT Michael Little — Fri, 21 Feb 2014 12:54:31 -0500

I was a Career Counselor / recruiter with the Kentucky National Guard for five years. I do know that a servicemember has reemployment rights under USERRA. Linking the PDF for informational purposes.

We could take action against employers if they didn't rehire members when they return from deployment or didn't grant them military leave to perform their required IDT times. I haven't ever faced an employer that wanted to reject an applicant because he/she was a member of the reserves so have no experience with that. As a retiree though I don't like the idea that an employer asks this question as a qualifier and means of determining eligibility of employment. But, I cannot find anything specifically stating it is against the law for them to ask during the hiring process (if someone finds something that does please message me the link, thanks). It is against the law for them to not rehire after deployment or hold military service against a current employee.

http://www.justice.gov/usao/nce/documents/EmploymentRights.pdf

Response by CPT Brandon Christensen made Feb 22 at 2014 9:54 AM

CPT Brandon Christensen — Sat, 22 Feb 2014 09:54:59 -0500

Sir, I am probably one of the lucky ones that haven't had that experience of getting asked that question. But if I were to get asked that question, I would be totally honest with them. I would explain that being in the NG (for me) law requires that we be informed (if not mistaken) 12 months in advance so we have time to train and get our civilian affairs in line, and then would say as of right now, there is no intent for myself to deploy. But just like anything else, things can change and I could be called up at any time, just like anyone that has registered with the selective service at 18 yrs old.

Response by CPT Private RallyPoint Member made Mar 12 at 2014 5:25 PM

CPT Private RallyPoint Member — Wed, 12 Mar 2014 17:25:25 -0400

I know this....I sent in over 100 resumes for jobs I qualified for in 2013 and received 2 interviews. Left both interviews and never heard from the employer again. I took all of my military experience off my resume and posted it for 10 jobs. I got 4 interviews. The two interviews I disclosed the fact that I was still in the Reserves, I never heard from them again. The other two interviews that I did not disclose my military status, I was asked to come back form multiple interviews. I did not land those jobs either, but I did go up further in the interviewing process and I felt like I had a fair shot at the position for the first time since all of 2013.

Response by SFC Aaron G. made Mar 12 at 2014 5:58 PM

SFC Aaron G. — Wed, 12 Mar 2014 17:58:08 -0400

A good resource for questions concerning civilian employment is through the Employer Support of the Guard and Reserve (ESGR). There is really good information for both you as an employee and for the employer. Yes, discrimination and retaliatory acts are prohibited by the USERRA. Also, there are points of contact you can call to answer any questions you may have. Their website address is below:

Employer Support of the Guard and Reserve > USERRA > USERRA for Service Members

To assist with understanding USERRA, ESGR has partnered with the Department of Labor to create a list of frequently asked questions concerning USERRA. These FAQs may help eliminate any problems with ...

Response by SrA Zachary Bolling made Mar 14 at 2014 9:36 AM

SrA Zachary Bolling — Fri, 14 Mar 2014 09:36:11 -0400

It is against the law to discriminate because of that possibility, as I'm sure you are aware of. I have seen it in a few of my previous jobs. When that is brought up in an interview, the employer does not want to move forward. That made me realize that even though A lot of the civilian population supports the military, no body wants to be put out by not having a full time employee.

Response by COL Vincent Stoneking made Jun 5 at 2014 12:30 AM

COL Vincent Stoneking — Thu, 05 Jun 2014 00:30:44 -0400

It is likely illegal. (I say likely because it turns out that employment laws, including the USERRA, have tons of shades of gray in them, depending on exact wording, who volunteered what first, what the intent was, and whether there is a tape recording or other corroborating evidence....)

That said, my answer would be something along the lines of "I can never tell what our elected officials will do, but I don't expect to be required to deploy anywhere anytime soon, other than for my two weeks in the summer."

Speaking as someone who hires, it is probably a losing proposition (unless you want to be a test case and prove a point - I never want to be a test case) to argue about whether or not the interviewer CAN ask you a question that they already have. At that point, you really have two viable lines of attack:
1. How to respond?
and
2. Do I want the job if they ask this kind of question?
or
3. Go ahead and lawyer up. 'Cuz I can guarantee they won't say "my bad" and hire you. I refer back to #2. I don't want to work there.

It is disheartening to hear all the testimonials of people who see Reserve service as a detriment. When I see it (or prior AC service) on a resume, I will often end up interviewing a candidate, even if they are otherwise marginal.

NOTE: The above was meant as practical advice to a person who is asked prohibited or "questionable" questions during an interview. It does not condone employers violating the law - just acknowledging that they very well might and focusing on the bits that the interviewee can control.

Response by CW3 Private RallyPoint Member made Jun 5 at 2014 6:17 PM

CW3 Private RallyPoint Member — Thu, 05 Jun 2014 18:17:33 -0400

Wow. I just want to give a shout out to Booz Allen Hamilton here.

I've been working as a Booz employee since 24 March. Tuesday, I got an unofficial 'warning order' that written orders are likely coming in a couple of weeks. Those orders will take me to Fort Gordon, GA for 3 months for my Warrant Officer Advanced Course.

Had to tell my task lead, my team lead, my project manager, and my career manager (he's out of town, I had to email him).

Not only are they talking about backfill, they are talking about plans on integrating me back into the team when I get back, and also talking about what projects I can roll onto when this project ends and we all roll off.

They want to keep me!!!!!!

This is going to go a looooooooooooong way towards cementing my loyalty to Booz Allen Hamilton.

Response by CMSgt James Nolan made Jun 9 at 2014 9:33 PM

CMSgt James Nolan — Mon, 09 Jun 2014 21:33:17 -0400

Ladies and gentlemen, it is 100% illegal to discriminate against you for hire by asking if you are in the reserves/guard. To discriminate. It is not illegal to talk about the service, only to not hire because of the service.
If you felt the need, you could always litigate. I was faced with that choice when I was trying to hire on as a Police Officer. The interview questions were: Are you still in the Reserves? When do you get out? Sucks, but it was right after the first gulf war and Marines were all being activated. My choices were litigate, or get out of the Reserves. I chose to get out, because if I won litigation, I would always be the guy who sued and "they had to hire".
Pick your fights wisely. Some you cannot really win.

Response by PFC Mike Mcdermott made Mar 30 at 2015 11:06 AM

PFC Mike Mcdermott — Mon, 30 Mar 2015 11:06:55 -0400

"I could deploy, but the military is weird like that. They don't give me much notice."

Response by COL Jean (John) F. B. made Apr 3 at 2015 1:59 PM

COL Jean (John) F. B. — Fri, 03 Apr 2015 13:59:11 -0400

As pointed out by several others, that question is improper. Using your military status (possibility of deployment) as a reason to not hire you is illegal and could get the employer in very hot water, should you choose to pursue it. Of course, your burden would be to prove that was the reason or had a part in the non-hiring decision.

I never had that situation arise, as I was active duty, however, I think that, if I was asked that question, I would probably be honest and then, if I believed that would be held against me, would state, in a very matter-of-fact manner, that "using my military status in your hiring decision is a violation of Federal law". While that certainly would not result in your selection, it would serve to put the employer on notice that it was illegal and cause him/her to be concerned that you might pursue legal action against them if not selected. I would do it just to see them squirm.

Response by SGT Private RallyPoint Member made Apr 6 at 2015 2:17 PM

SGT Private RallyPoint Member — Mon, 06 Apr 2015 14:17:35 -0400

I didn't know anything about that question being illegal as several people are saying around here. I got asked that at my job interview. He was a vet, I'm a vet, we swapped war stories, I got hired.

Response by CSM Private RallyPoint Member made Apr 7 at 2015 1:07 AM

CSM Private RallyPoint Member — Tue, 07 Apr 2015 01:07:47 -0400

Companies generally know if they support vets or not. So asking if you could be deployed is usually a questioned asked out of ignorance; or to cover themselves when HR or their manager asks them about the hire. Generally if you are more qualified you should get the job. I have had instances
where it was counted against me that I am in the Reserves and that is unfortunate.

Response by CW4 John Karl T. made May 28 at 2015 2:56 AM

CW4 John Karl T. — Thu, 28 May 2015 02:56:14 -0400

Not a legal queation.

Response by TSgt Private RallyPoint Member made Jun 5 at 2015 12:00 AM

TSgt Private RallyPoint Member — Fri, 05 Jun 2015 00:00:52 -0400

I did an interview for a job last year and this topic came up indirectly because I am ANG, and had it on my resume but the question was never directly asked.

Interesting thing was the day after the interview I was called up for training and I contacted the company I said I was withdrawing my resume for consideration. I was then called the next day by the hiring manager and was told that once my training was completed I would have a job if I was still interested. I was shocked, he told me he had done ten years in the army guard pre- and post 9/11 and preferred when reservists were honest about deployments and the such, because it told him that the member would honest with the company in regards to activation's and deployments. He then told me about 15% of the workforce were guard/reserve and that most would let the company know within days of orders to allow the company plan for it.

Oh, when I completed my orders I went to work for that company.

I think it is a fine line to work, as to if you should talk in detail about your reserve/guard service vs they having to ask directly(illegal as discussed, but you can't un-ask a question.) Because your response may very well get you the job or sink all chances depending on the interviewer or the mentality of the company. Some companies love reserve/guard because they don't have to pay to keep 8570 certs current or flight training up. Other companies dredd losing people for 2-6 months every 18months because they effectively have to replace them and still have to hold a job for them.

Response by SPC Private RallyPoint Member made Feb 13 at 2017 9:29 AM

SPC Private RallyPoint Member — Mon, 13 Feb 2017 09:29:29 -0500

I am agreed with every one its illegal to ask these kind of questions.