I went to a job interview last week and one of the interviewers asked me about my Army Reserve commitment. I had just finished Warrant Officer Candidate School. He wanted to know if I was finished training and if my Reserve commintment would affect my ability to do the job. I was first tempted to caution him about USERRA. But, I did not, I explained what my training and experience in the Army Reserve brought to the job I was applying to and explained my current position allows me to break my two weeks into smaller blocks of time. First, are they allowed to ask questions about Reserve and National Guards and should I have cautioned him and not bother to answer the question. And, did the board open it up for liability issues by asking me about my Reserve commitment.

I believe they are not allowed to ask, and if they do, you are not required to answer. However, if you don't get the job, proving you didn't because of that will be next to impossible. Frankly, I think you did the best thing, by explaining how your training enhances your value.

The reason I asked, I know the person who asked it and after the hiring process is finished I thought I would caution him about those lines of questions.

If you do not get the job, I would notify both the reserve and the company management ( higher up management) no they are not allowed to ask this, they may ask if you are a member of the reserve.

the reason I asked, I know the person who asked it and after the hiring process is finished I thought I would caution him about those lines of questions.

So, by the same token if he knew you, that may be why the questions were asked.

I believe they are not allowed to ask, and if they do, you are not required to answer. ...

I don't know that it quite says that.


"38 USC § 4311. Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited

(a) A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.

(b) An employer may not discriminate in employment against or take any adverse employment action against any person because such person (1) has taken an action to enforce a protection afforded any person under this chapter, (2) has testified or otherwise made a statement in or in connection with any proceeding under this chapter, (3) has assisted or otherwise participated in an investigation under this chapter, or (4) has exercised a right provided for in this chapter. The prohibition in this subsection shall apply with respect to a person regardless of whether that person has performed service in the uniformed services.

(c) An employer shall be considered to have engaged in actions prohibited-

(1) under subsection (a), if the person's membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation for service; or

(2) under subsection (b), if the person's (A) action to enforce a protection afforded any person under this chapter, (B) testimony or making of a statement in or in connection with any proceeding under this chapter, (C) assistance or other participation in an investigation under this chapter, or (D) exercise of a right provided for in this chapter, is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such person's enforcement action, testimony, statement, assistance, participation, or exercise of a right.

(d) The prohibitions in subsections (a) and (b) shall apply to any position of employment, including a position that is described in section 4312(d)(1)(C) of this title."

the reason I asked, I know the person who asked it and after the hiring process is finished I thought I would caution him about those lines of questions.


I don't find that line of questioning to be illegal. Where are you reading that it is? If you were planning a vacation which required time off and you, therefore, could not do your job as necessary the employer would be allowed to ask.

I don't see that here.

I also realize that the job didn't work out and you are now thinking about suing. I have no idea, of course, why you had a problem.

Did you "caution" the hiring person about the questions he asked?