Posted on Feb 19, 2014
LTC Senior Project Manager
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Ji
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.
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MAJ(P) Assistant Tradoc Capability Manager
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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.
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SSG Wheeled Vehicle Mechanic
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On 2), as a Reservist, my job doesn't support my service [thought they should], but it pays for my family and my bills which the Army Reserve cannot possibly offer.

Unfortunately, that's not a luxury I have—to say 'sorry, but I'd like someone who works with my drill schedule'. I've been stuck out of town over drill weekends and my work doesn't care; yes, it's illegal, but I can't afford to rock a boat that would put my family on the streets...
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SSG Unit Supply Specialist
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It is illegal and if you are still in this situation, google USERRA, as they can most likely help you. Is your unit working with you, allowing you to make up drills missed due to work?
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CW3 Network Architect
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Sure, it's illegal, but once you start that fight, do you really want to work with the employer again? They'll be holding your performance under a microscope and looking for a reason to fire you.
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SSgt Gregory Guina
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I believe that asking that question is illegal.&nbsp; Just as not holding a job for you if you do deploy.&nbsp; I would have to do some research to verify that.&nbsp; <br>
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LTC Senior Project Manager
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I agree that asking this question is illegal and it has happened almost every-time. I recently returned home from my 3rd deployment and actively job-seeking.
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SSgt Gregory Guina
SSgt Gregory Guina
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Sir

I think you should actually reply with that when asked.  Let them know that that is a question that you decline to answer as it is akin to asking a woman if she is pregnant or plans of becoming pregnant.
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LTC Program Manager
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That answer is the same as saying yes
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1SG Michael Minton
1SG Michael Minton
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you wont get any job by refusing to answer or telling them its illegal for them to ask........makes you sound like you might be problems if they hire you.......i thik i would answer it as i dont foresee any deployments (if your coming off active duty or in guard/reserve) since the wars are ending. Anything is possible, but not likely.
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SFC Aaron G.
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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:
 
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Deployment Possibility Question During Job-interview?
CMC Robert Young
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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.

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SSG Unit Supply Specialist
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Wise move!
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SGT Logistics Management Specalist
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<p>When I first separated from active duty military in 2005 I was asked the same question by every civilian employer that I interviewed with.&nbsp; 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!&nbsp; Is this illegal, yes but how do you prove it.&nbsp; It’s my word against theirs, and even if I did take legal action and forced them to hire me what would that solve.&nbsp; I would now be working for an organization that would take every opportunity to make me miserable.&nbsp; <br></p><p>I have found that it is best to just accept the fact that you are better off not working for that kind of organization.&nbsp; And to find one that appreciates veterans and the values that we bring with us.</p>
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1SG Michael Minton
1SG Michael Minton
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i think i would emphasize that it is slim chance of deploying as inactive reserve after getting off active duty and wars ending.
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LTC Christopher "Kit" Patterson
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That question is illegal to ask.&nbsp; I avoid the topic by not mentioning that I was (at the time) in the Reserves.&nbsp; 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.&nbsp;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. &nbsp;I should have contacted HR to set him straight&nbsp; 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.&nbsp;
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CW3 Network Architect
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Sir, I've recently lost out on the chance for a couple of jobs simply because I'm in the Army Reserve.  It's very annoying because it's nothing you can prove, but you know....     

In your case, I'd have been livid.  I'd have said straight out to that supervisor "What the hell?  I got out of a movement for you and this is how you pay me back??  "

Not telling the prospective employer to me feels like a lie, but unfortunately, we have no choice.
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CMC Robert Young
CMC Robert Young
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Sir, my dad faced a similar situation many years ago, and with similar results. It's still amazing that our fellow citizens want the freedoms ensured by our efforts, but only as long as it doesn't effect them. It's a sad commentary on our society.
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CW3 Network Architect
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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.
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CPT Business Development Associate
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That's exactly how to consistently keep the quality employees. Hats off to BAH.
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CW3 Network Architect
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Guess what? I'm still with Booz Allen Hamilton, and very happy with my situation. I moved projects, and the new PM was fine with the timing of my annual training (2 weeks, and I'm in the midst of it now).
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CW4 John Karl T.
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Not a legal queation.
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COL Jean (John) F. B.
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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.
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LTC Senior Project Manager
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SIR: Thank you for providing your guidance & insight regarding this situation, which has been a constant for me & many National Guard & Reservists since 9/11.
I would not mind it so much if the question was asked recognising our honorable service, but when you are coming home from a deployment unemployed, your family really needs this career opportunity soon, because you are living off your savings.
This is a reality as you stated that the Active Duty has yet to realize.
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CMSgt James Nolan
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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.
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SrA Bdoc Controller/Armorer/Squad Member
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Sir I had this happen to me at an interview for the fire department.It sucked because I knew when the Leutinet asked when I was getting out I wasn't going to get hired.
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CMSgt James Nolan
CMSgt James Nolan
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And in the end, if that is who you would be working for, you are better off not. What stinks is when you want the job and don't get it because of your service to our Nation.
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COL Vincent Stoneking
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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.
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CPT Hhc Company Commander
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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. 

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LTC Program Manager
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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"

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Sgt John Henry
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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.  
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CMC Robert Young
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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.

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1SG Michael Minton
1SG Michael Minton
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if you are asked, you have to play it down like there is almost no chance of it. wars winding down, they are downsizing the military, they will most likely send active duty and guard before they would call up reserves, especially if it is inactive reserve. if your inactive reserve, tell him he has just as much chance of being called up to deploy. you got to play it down.
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SPC Automated Logistical Specialist
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I am agreed with every one its illegal to ask these kind of questions.
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TSgt Cyber Systems Operations
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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.
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CSM Battalion Command Sergeant Major
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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.
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SGT Technical Support
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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.
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PFC Mike Mcdermott
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"I could deploy, but the military is weird like that. They don't give me much notice."
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