Should I report National Guard hiring discrimination?

1LT Private RallyPoint Member — Tue, 02 May 2017 23:50:50 -0400

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?

Response by SSgt Private RallyPoint Member made May 3 at 2017 12:53 AM

SSgt Private RallyPoint Member — Wed, 03 May 2017 00:53:37 -0400

If the only reason being denied employment is military service, that is a violation of the Uniformed Services Employment and Reemployment Rights Act. Procedure for filing a claim can be found on the site below.

resource: http://military.findlaw.com/family-employment-housing/what-is-military-employment-discrimination.html

What is Military Employment Discrimination?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires reemployment of service members.

Response by MSG Private RallyPoint Member made May 3 at 2017 1:39 AM

MSG Private RallyPoint Member — Wed, 03 May 2017 01:39:18 -0400

The problem is it is their word versus yours at this point. If you can receive official communications (email or letter) indicating that your ARNG obligation is the reason for non-hire, you will have a shot at getting that employer slammed. Otherwise just move on to another opportunity.

Response by SSG Private RallyPoint Member made May 3 at 2017 7:38 AM

SSG Private RallyPoint Member — Wed, 03 May 2017 07:38:12 -0400

They were actually dumb enough to tell you that.

Response by CW3 Susan Burkholder made May 3 at 2017 7:49 AM

CW3 Susan Burkholder — Wed, 03 May 2017 07:49:30 -0400

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.

Response by SGM Erik Marquez made May 3 at 2017 8:11 AM

SGM Erik Marquez — Wed, 03 May 2017 08:11:44 -0400

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

What is Military Employment Discrimination?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires reemployment of service members.

Response by MAJ Private RallyPoint Member made May 3 at 2017 9:34 AM

MAJ Private RallyPoint Member — Wed, 03 May 2017 09:34:22 -0400

The best tactic is to call them out during the interview, explain the law to them and how they are in material breach of that law, then walk out of the interview because that place would be a horrible place of employment. Then go find a better job! Sadly USERRA offers little assistance and will consume more time with only a slight chance of any benefits at all.

Response by PO3 Donald Murphy made May 3 at 2017 10:02 AM

PO3 Donald Murphy — Wed, 03 May 2017 10:02:09 -0400

Let me guess, Wells Fargo?

Response by SGT Dave Tracy made May 3 at 2017 10:03 AM

SGT Dave Tracy — Wed, 03 May 2017 10:03:00 -0400

You can try. From the experiences of others I know, it won't go anywhere. The minute you report it, they will bone up on the law--and in fairness their bad is that they probably are unintentionally ignorant, not maliciously douchey--and will subsequently claim that that was not what was said, meant or implied. Unless you recorded the conversation or provided something in writing to back up your contention, it's your word vs. theirs sir.

If anything good does come out of reporting them is that the bank or at least that manager, will become versed in the law and probably not repeat themselves, but it's doubtful you'd get hired, but if by chance they did hire you after that, even though they were in the wrong and would become educated on that fact, they won't fully accept you.

Response by SrA Edward Vong made May 3 at 2017 10:29 AM

SrA Edward Vong — Wed, 03 May 2017 10:29:40 -0400

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?

Response by LTC Private RallyPoint Member made May 3 at 2017 10:33 AM

LTC Private RallyPoint Member — Wed, 03 May 2017 10:33:28 -0400

Screw the large Bank. Large Banks have been in trouble recently for putting undue pressure on their employees to sell products to their customers they don't need period would you want to work on that kind of pressure? Go work for an employer that cares about the military. Recently on rallypoint there was a retired one-star general that was hiring all over the United States for Comcast Cable. Their desire is to have 10,000 employees from veterans or veterans families. Check it out

Response by LTC Private RallyPoint Member made May 3 at 2017 10:36 AM

LTC Private RallyPoint Member — Wed, 03 May 2017 10:36:48 -0400

Here's the post a Comcast cable that does give and does care about if you are in the military I've had enough problems in the past when employer tells you to choose between your military career and your job and I say screw them!https://jobs.comcast.com/military

Comcast Careers Military & Veteran Commitment

Frequently asked questions about the careers site, and hiring process at Comcast.

Response by SMSgt Thor Merich made May 3 at 2017 11:04 AM

SMSgt Thor Merich — Wed, 03 May 2017 11:04:20 -0400

I would report it. I wouldn't expect much, but its still worth reporting. On the surface, it appears to be a clear violation of USERRA.

However, my experience is that USERRA is less helpful than it appears.

Response by SFC Jim Ruether made May 3 at 2017 11:47 AM

SFC Jim Ruether — Wed, 03 May 2017 11:47:58 -0400

I would do so!

Response by SPC Rudy Hawkins made May 3 at 2017 12:03 PM

SPC Rudy Hawkins — Wed, 03 May 2017 12:03:12 -0400

I feel if they refused to hire you because you could not commit to weekend work, they were within their rights...But when the refused to hire you because you were in the Guard and could not work weekends, that's where they violated the Law !!! And when she said to "Let her know when you get out", that statement proves your case !!!! I would report them !!

Response by SSG Private RallyPoint Member made May 3 at 2017 1:17 PM

SSG Private RallyPoint Member — Wed, 03 May 2017 13:17:59 -0400

She openly stated that she would hire you if you didn't drill once a month. I would definitely report it.

Response by SFC J Fullerton made May 3 at 2017 1:18 PM

SFC J Fullerton — Wed, 03 May 2017 13:18:13 -0400

Sounds to me like a smoke screen. If the job only requires 1 Saturday a month on a rotating schedule, and you are available 3 out of the 4 Saturdays a month, how is that not reasonable to accommodate? Your drill schedule should be set in stone for the FY, so the potential employer will know way in advance what Saturday for each month not to schedule you for. Yes, I would report, because it sounds like there could be more behind it than just you not being available for 1 Saturday a month but available for the other 3 when the job only requires you to work 1 Saturday.

Response by LTC Private RallyPoint Member made May 3 at 2017 1:59 PM

LTC Private RallyPoint Member — Wed, 03 May 2017 13:59:11 -0400

1LT Private RallyPoint Member Employer Support of the Guard and Reserve http://www.esgr.mil/

Employer Support of the Guard and Reserve Home

With an ESGR committee in each state, territory, and the District of Columbia, there is an ESGR representative able to help you forge a stronger bond with your supervisor through a greater understanding of your military service.

Response by SSG Tom Pike made May 3 at 2017 3:04 PM

SSG Tom Pike — Wed, 03 May 2017 15:04:15 -0400

While I would say file a complaint, it's not really worth it. Think about it, the woman is the branch manager, meaning she will be your boss. You go and get her slapped before you are even hired. Think she will give you good reviews and recommend you for advancement? You might win the battle, but you will probably lose the war in the long run.

Response by SGT Jerrold Pesz made May 3 at 2017 3:35 PM

SGT Jerrold Pesz — Wed, 03 May 2017 15:35:30 -0400

Long ago I was turned down for many jobs due to the fact that I was in the reserves but no one ever told me that. They just noticably lost interest in hiring me when they became aware that I had to attend drills and go to summer camp. Getting out of the reserves solved the problem immediately.

Response by Lt Col Scott Shuttleworth made May 3 at 2017 3:39 PM

Lt Col Scott Shuttleworth — Wed, 03 May 2017 15:39:57 -0400

Absolutely you report it...This is a direct violation of law and they need to be held accountable. From what you said it was because of your service and that employment was contingent on you separating form that service.

Response by Cpl Justin Goolsby made May 3 at 2017 3:54 PM

Cpl Justin Goolsby — Wed, 03 May 2017 15:54:05 -0400

I'm pretty sure it's against the law, so I would recommend looking into it further before reporting it.

Response by SSG Warren Swan made May 3 at 2017 4:24 PM

SSG Warren Swan — Wed, 03 May 2017 16:24:27 -0400

HELLS YES!!! You're still on here? Move the hell out!!!

Response by COL Charles Williams made May 3 at 2017 9:01 PM

COL Charles Williams — Wed, 03 May 2017 21:01:24 -0400

Yes!

Response by CAPT Kevin B. made May 3 at 2017 10:41 PM

CAPT Kevin B. — Wed, 03 May 2017 22:41:08 -0400

I've provided a link to a relevant PowerPoint file from Labor Department. It cites the specific US Code that would be at issue. I took a look through it and note it lacks process for filing a complaint, track record of complaints vs. corrective action. My past experience is it's rather low. BTW this isn't an EEO thing as it isn't covered under Title VII law. Best to fire for effect vs. spray and pray. Also, when confronted, the employer typically says their low level HR type didn't understand blah blah, received appropriate training, and the position is filled but you are welcome to submit again. Nobody tends to follow up on blacklisted folk. Then again, do you really want to work for those clowns?

https://www.dol.gov/oasam/programs/crc/IdentifyingUSERRAVETS.ppt

IdentifyingUSERRAVETS.ppt

ÍvOiSªtJ·OåG=§MÛ#/-vÕ=TøþìÊ$âÒíq:id(»ä8JºÉæóuÕÎkJÈ,òªâú&hüÒâ6j¿HN:s;á?ûÚNÍÞüìâ0TLþoÞ|ýåGÞõLúyâºîn%D!ªõ5òj_xÔTÍ¡¶($'ÖÓ¡ÝùæuòynÑî_ÿ}2[!ïwX»øøGQr5G-ÉDÑ3éÏ22Q_ECÌjÇÑÅCbÒ=Í3KªÖn/uòùJî5ÆN9/%ÛX·æex$õ9µ$Ñ*js-T&

Response by SFC Private RallyPoint Member made May 4 at 2017 1:25 AM

SFC Private RallyPoint Member — Thu, 04 May 2017 01:25:07 -0400

Like others have said..http://www.esgr.mil

Employer Support of the Guard and Reserve Home

Response by SPC Thomas Mcconnon made May 4 at 2017 11:16 PM

SPC Thomas Mcconnon — Thu, 04 May 2017 23:16:30 -0400

I've been through that, and it would be hard to prove. I was told that by a full bird Col.

Response by MSgt Carl Stokes made May 5 at 2017 10:24 PM

MSgt Carl Stokes — Fri, 05 May 2017 22:24:31 -0400

good luck with it, this is an age old problem further complicated with hiring vets with the belief that we all have PTSD. I wish you well, but I personally wouldnt want to work for a company that does not support your sacrifices.

Response by CWO3 Private RallyPoint Member made Feb 7 at 2021 11:56 AM

CWO3 Private RallyPoint Member — Sun, 07 Feb 2021 11:56:48 -0500

Not an attorney disclaimer, but reporting is up to you, and would you really want to work for them? Without damages to you it's just a bureaucratic paper shuffle. They have deep pockets, and other than some bad PR they stand to lose little. A recording of what you allege would help, but only if the State is a "one party consent" state. Still, no remedy other than a slap on the wrist. https://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations

Recording Phone Calls and Conversations | Digital Media Law Project

If you plan to record telephone calls or in-person conversations(including by recording video that captures sound), you should be awarethat there are federal and state wiretapping laws that may limit yourability to do so. These laws not only expose you to the risk ofcriminal prosecution, but also potentially give an injured party acivil claim for money damages against you.

Response by SSG Bill McCoy made Feb 7 at 2021 5:19 PM

SSG Bill McCoy — Sun, 07 Feb 2021 17:19:23 -0500

You can, and probably should. When my son as a Reservist was hassled at work by them referring to his Drill as "Boy Scout Camp," was one thing; but when he went to WLC, they REALLY started their crap. Then, he was tasked to drive a tractor trailer with water buffalos to Andrews AFB for their annual Air Show and was gone a week. During that, he was asked to go to Carlisle Army Depot (with two other trucks) and haul fuel to a Naval Air Station; THEN to haul equipment to Manhattan in NY - all with copies of his orders faxed/mailed to his employer.
When he got back, they fired him. He filed with USERRA, but it was a lengthy, DETAILED and DOCUMENTED series of events. Emphasis: DOCUMENTATION. It will be hard to document a phone conversation, so keep that in mind. Eventually, my son won a settlement that they offered so they wouldn't have to proceed to court.
If you file, the only reason I see to do so is to document that bank's issues so the next person may have an easier time of proving things. However, the bank, or that particular person, will have learned to NOT make such a careless (stupid) remark like that again.
Reading USERRA, and ESGR, both seem to apply to actual EMPLOYEES and not applicants however. You'll have to contact one and/or the other to find out for sure. If not, then EEO is your only avenue.