Guard & Reserve – Being Discreet About Your Reservist Status

Step-by-Step Guide to Employment: Guard/Reserve – Being Discreet About Your Reservist Status

As a National Guard service member or a member in the Reserves, you may wonder if sharing your reservist status is mandatory when you are in a job interview. Does a future employer have the right to that information? Are you legally bound to tell them? Why might there be reasons to do so?

These are all important questions for Guard/Reserve service members looking for a new job. The truth is, some future employers may not have an issue with your service commitment. Some might, but it is illegal to discriminate against someone in hiring due to Guard/Reserve status.

Disclosing Is Not Required

The first thing to know is that there is no legal requirement for a member of the Guard or Reserve to disclose their military commitment during a job interview. Due to USERRA, or the Uniformed Services Employment and Reemployment Rights Act, the employer may not deny you employment because you are in the service.

What Is USERRA?

The Uniformed Services Employment and Reemployment Rights Act was signed into law by President Bill Clinton in 1994 to protect the civilian employment of active and reserve military personnel in the United States when called to active duty.

Under USERRA you have:

• Reemployment Rights – where you have the right to be reemployed in your civilian job if you have to leave the job to serve in the military.
• The Right to Be Free From Discrimination and Retaliation includes a rule stating that an employer may not deny you initial employment, reemployment, retention in employment, promotion, or any employment benefit because of your status as a Guard or Reserve member.
• Health Insurance Protection – if you leave the job because of military service, you have the right to elect to continue your employer-based health plan coverage for you and your dependents for up to 24 months while in the military. You also have the right to be reinstated into their health plan when you are reemployed.

The U.S. The Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. You can read more about USERRA here.

Read next: Companies that Hire Transitioning Service Members

Should You Disclose Your Guard or Reserve Status?

USERRA prohibits companies from denying you employment as a reservist.

However, that can be a thin line regarding legal protection–some employers might not want to hire you because of your military service commitment. If you disclose your status during the interview, you may never know whether that influenced an employer decision. Some believe transparency is the best policy. If you choose to reveal your status, it’s crucial to let your employer know the nature of your commitment to the Guard/Reserve.

Why?

Because common misperceptions about this type of service exist everywhere. Some employers may assume you drill every weekend or need extended time away from the job on such a consistent basis to make employment scheduling difficult. Assume that your future employer knows nothing of the military and explain it to your interviewers.

If you choose to be discreet about your status until after you are hired, it’s best to have a conversation with your supervisor about your drill weekend and anuual training needs as soon as possible. USERRA requires you to provide your employer with timely notice of military service.

Read next: Companies that Hire Transitioning Service Members