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 7 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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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.
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1LT (Join to see)
Thanks Sergeant. I wasn't able to find her email, but I sent her a message on LinkedIn. I've taken and saved some screenshots on my computer already, and she starts backpedaling immediately. I haven't reached out to ESGR yet to see if this is technically discrimination under USERRA, but here's our conversation so far:
Me:
Mrs. Perkins,
I'm not sure if you remember me, but we spoke on the phone Friday about a personal banker position at your branch on <redacted> Drive. You told me to contact you if I decided to get out of the National Guard so that I would be available to work Saturdays. I have actually been considering leaving the Guard for a while, and I am very interested in a career with <redacted>. So, if I got out of the Guard by the end of the month, would you still be willing to consider me for a position?
Thank you,
Matthew Jordan
Branch Manager:
Matthew,
Thank you for reaching out.
To clarify any confusion, I did not say to call me when you get out of the military. I am actually thoroughly impressed that you serve our wonderful country. I appreciate all you do & <redacted> loves having military apart of our teams.
My concern was your Saturday availability. With our staffing & branch hours, we all must be flexible & able to work any hours needed. I do understand your commitment & value that.
Me:
Mrs. Perkins,
I'm not sure if you remember me, but we spoke on the phone Friday about a personal banker position at your branch on <redacted> Drive. You told me to contact you if I decided to get out of the National Guard so that I would be available to work Saturdays. I have actually been considering leaving the Guard for a while, and I am very interested in a career with <redacted>. So, if I got out of the Guard by the end of the month, would you still be willing to consider me for a position?
Thank you,
Matthew Jordan
Branch Manager:
Matthew,
Thank you for reaching out.
To clarify any confusion, I did not say to call me when you get out of the military. I am actually thoroughly impressed that you serve our wonderful country. I appreciate all you do & <redacted> loves having military apart of our teams.
My concern was your Saturday availability. With our staffing & branch hours, we all must be flexible & able to work any hours needed. I do understand your commitment & value that.
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1LT (Join to see)
I'm not actually planning on leaving the Guard by the way. I just thought she might admit what she said on the phone if I said I was willing to get out within a reasonable time frame.
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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
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.
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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.
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.
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COL Vincent Stoneking
Yup, and the bottom line is that they can hide behind "Never said that. Don't know why he's making that claim." Then will adjust in the future to never give a reason. Absent proof, would not result in a favorable outcome. Even if eventually hired, would be let go for "objective, unrelated" reasons. Better to just note and move on.
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1LT (Join to see) 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.
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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.
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1LT (Join to see)
Thanks sir. Unfortunately, Comcast doesn't have much of a footprint in my area. However, I think from now on I'll try to target more military friendly employers.
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