During an interview for a job, is the person conducting the interview allowed to hold your military service against you as a disqualifier?

SFC Michael Sanderson — Mon, 31 Jul 2017 21:47:22 -0400

I recently retired after 27 yrs of service and applied for a job posting I knew I was fully qualified for. However during the job interview, the company co-owner stated they did not know if they were willing to take a chance on me with zero civilian experience. Two weeks later I was called and told I did not get the job because of this fact. Is this legal and was I discriminated against?

Response by MSG Private RallyPoint Member made Jul 31 at 2017 10:24 PM

MSG Private RallyPoint Member — Mon, 31 Jul 2017 22:24:45 -0400

In a sense, yes. But since they used the phrase "civilian experience," as their loophole.....

Response by CW3 Private RallyPoint Member made Jul 31 at 2017 10:59 PM

CW3 Private RallyPoint Member — Mon, 31 Jul 2017 22:59:35 -0400

I am running into an issue similar but different in that my civilian job of many years is preventing me from obtaining any specialty assignments and affecting my promotability score simply because I am still a military reservist. While this is a clear violation of law, I cannot *definitively* prove it, even though I have been told this by people in confidence who are "in the know." It's unfortunate that the situation you describe and mine still affects veterans and there seems to be little that we can do.

Response by Capt Seid Waddell made Aug 1 at 2017 12:24 AM

Capt Seid Waddell — Tue, 01 Aug 2017 00:24:02 -0400

There is no law to the best of my knowledge that says a private company must hire someone they don't wish to hire. Many companies have internal policies ensuring non-discrimination and many also give veterans an edge in hiring.

However, I would not care to work for a company that looked down on my service.

Response by PFC Jonathan Albano made Aug 1 at 2017 2:08 AM

PFC Jonathan Albano — Tue, 01 Aug 2017 02:08:48 -0400

They're not allowed to hold the fact you were in the military against you, however, it looks like they aren't directly doing that so this situation is sketchy as to if they are within the law. USERRA is going to be your best friend when dealing with these situations. Here's the link:

https://www.dol.gov/vets/programs/userra/userra_fs.htm

Also, this article is a good read:

https://www.aol.com/2012/09/27/7-signs-of-discrimination-against-veterans-at-work/

The main thing is to know what the law says and, in doing so, know your rights. Last but not least, I would seek legal counsel. At worst you will be told you don't have a case. At best, you will be able to seek some form of remedy. Best of luck to you.

U.S. Department of Labor -- Veterans' Employment and Training Service (VETS) -- Fact Sheet 3

The Department of Labor, through the Veterans' Employment and Training Service (VETS), provides assistance to all persons having claims under USERRA.

Response by MAJ Private RallyPoint Member made Aug 1 at 2017 8:46 AM

MAJ Private RallyPoint Member — Tue, 01 Aug 2017 08:46:55 -0400

Only they know if your lack of civilian experience was the real reason or not. But that is a legitimate reason I suppose so it doesn't appear that they were holding your military service against you. Just part of it.

Response by Sgt Wayne Wood made Aug 1 at 2017 8:56 AM

Sgt Wayne Wood — Tue, 01 Aug 2017 08:56:44 -0400

Walk away... do you REALLY want to work for losers who think so little of the military?

Response by SGT David Petree made Aug 1 at 2017 2:45 PM

SGT David Petree — Tue, 01 Aug 2017 14:45:27 -0400

Discriminated against yes you were. But it go`s on every day. You probably would not have keep the job, with there attitude towards the military ...

Response by COL Vincent Stoneking made Aug 2 at 2017 11:00 AM

COL Vincent Stoneking — Wed, 02 Aug 2017 11:00:48 -0400

Legally, it would depend on what was said. If it is as you reported above, it was legal. The reason you didn't get the job was because the employer didn't feel you had relevant experience. You can argue whether or not that is TRUE, but whether it is TRUE isn't really relevant - what is relevant is the determination of the employer. As stated it was your lack of relevant experience (in their assessment), not your military service.

If I were to guess, based on just what I have seen, I believe that the company owner read your resume and said "Hmmm, maybe..." and gave you an interview. During/After the interview, he thought "what he's saying isn't relevant to what I need."

Had they said "We don't think a military people work out", that would have been an entirely different matter.

You will never really know if you were discriminated against. It is legal as formulated. I note that you got the interview, which means your resume hooked them at least a little. So I think the take away would be to ensure that you can explain how your military experience is directly relatable to what an EMPLOYER BELIEVES their needs are.

It might be worthwhile to ask for a debriefing from the owner, if you make clear that you are looking for feedback and not wanting to argue about the decision.

Response by CSM Thomas McGarry made Aug 2 at 2017 11:09 AM

CSM Thomas McGarry — Wed, 02 Aug 2017 11:09:15 -0400

Always hard to say and harder to prove. As a retired Army Reservist when ever I was interviewed I would hold off on tell them I was a reserve member because of the Battle Assembly and two week AT commitment until I had the job.

Response by SGT James Murphy made Aug 2 at 2017 6:08 PM

SGT James Murphy — Wed, 02 Aug 2017 18:08:11 -0400

There's some Jobs You Just Don't Need!

Response by Sgt Brendan Bigney made Aug 3 at 2017 10:40 AM

Sgt Brendan Bigney — Thu, 03 Aug 2017 10:40:38 -0400

Better you find out in an interview that they don't understand the military rather than a couple months into the job. That phrase may be an indicator of more misunderstandings to come or of a culture clash.

Also, whether or not its discrimination you'll be treated differently because of your background no matter where you go - sometimes well and sometimes poorly. It comes with the territory.

Response by 1SG Private RallyPoint Member made Aug 3 at 2017 3:03 PM

1SG Private RallyPoint Member — Thu, 03 Aug 2017 15:03:44 -0400

Be prepared to hear about this on a recurring basis, both as a positive and a negative.
Many companies have had issues with problem employees that were veterans. They watch the news and surmise that we all have PTSD and might go nuts at any moment.
Others are veterans themselves, or know the values of work ethic, teamwork, and leadership that are embodied in military service and can't hire enough veterans.
The right opportunity will come. Just be patient and keep at it.

Response by SFC John Peters CWDP: BES, JSS made Feb 17 at 2022 6:11 PM

SFC John Peters CWDP: BES, JSS — Thu, 17 Feb 2022 18:11:14 -0500

I still remember the first job interview I had after leaving the Army in 1997. I had joined the Army right out of high school and served 9 years, attaining the rank of SFC/E-7.
I had applied for a Production Supervisor position at a local manufacturing facility. The arrogant prick of an HR Manager kept asked me if I had any "supervisory experience". I told him that 7 of my 9 years on active duty I served as an NCO and that I supervised numerous soldiers in a variety of assignments and was responsible for multi-million dollar pieces of military equipment.
My answer apparently annoyed the HR Manager because he rudely interrupted me and said..."I'm talking about real-world civilian supervising experience". Needless to say...I was speechless! I looked at the guy and said "you're right....I don't have any "real-world" supervisory experience so I'm going to withdraw my application. I then stood up, thanked him for his time, and walked out the door.
Fast forward 2 months later....this same arrogant prick of an HR manager calls me up and says he wants to offer me one of their Production Supervisor openings. Apparently he offered the position to 2 other guys, who both turned him down. His only option at that point was to offer me the job or re-post and re-interview a new group of applicants. I politely reminded him that, in his own words, I didn't have any "real-world" supervisory experience. He then back-tracked, stammered a bit, and made some lame excuse that he would "make an exception" for me. I then told him that if I wasn't good enough to work for him 2 months ago...then I wouldn't be good enough to work for him now and then hung up on him.