Barron Evans ⋅ Ann Arbor, MI Customer Experience Change Management ⋅ 30 years experience

Joshua...

Foremost, appreciation for your service, past and future.

Unfortunately, this sort of 'discrimination' is subtle, and it's difficult to determine an absolute Y/N situation. When you learn of another candidate being chosen, it will take some due diligence on your part to ask for what criteria distinguished them - and be deliberate in referencing your Reserves status in asking the question. If all else was equal except for this, then you would safely be able to considerate it a discriminatory practice. But getting that level of candor is often difficult; I like to remind employers that 'closing the loop and providing honest + detailed feedback is a management best practice,' and using that platform as the basis for your query.

And as you're surely aware, there is precedent and resources to help support your case:
> http://jobs.aol.com/articles/2013/03/28/cory-schuyler-national-guard-reserve-discrimination/

> http://www.esgr.mil/userra/what-is-userra.aspx

> http://www.twc.state.tx.us/crd/state-military-forces-protections-against-adverse-employment-actions.html

Best wishes in finding meaningful and discrimination-free employment!

Joe Floyd ⋅ Norfolk, VA U.S. Air Force, Senior Airman ⋅ 4 years served

Many folks feel that it is discrimination, however as former business owner I don't feel it is. Many employers especially in the commercial fields have a tendency to hire those that can fit the bill.

You should talk to companies that are veteran friendly and would not have a problem with this service time. However it is necessary to insure that there is one person that can take your place in case you are deployed for an extended period of time. These jobs today are not as secure as they used to be and longevity is no longer guaranteed as the economy changes almost every month and requirements change as well as schedules. There are no set rules and is more like a crap shoot. I would suggest that you try to secure employment with a support contractor, maybe a start up which was stated by a veteran. There are many small business like this. Don't get lost in the shuffle. Be persistent. LIke other posts it appears after sending out 200 plus resumes with little or any response something is missing. THINK THIS THROUGH and CHECK YOUR RESUME.

Thanks for your service.

Joe Floyd
USAF

James Hayes ⋅ Gilroy, CA IBM ⋅ 24 years experience

The short answer is no, it is illegal under the Uniformed Services Employment and Reemployment Rights Act (USERRA)

See http://www.dol.gov/vets/programs/userra/USERRA%20Pocket%20Guide.html#20

and

http://www.dol.gov/compliance/guide/userra.htm

If you believe your USERRA rights were violated, you may submit a formal complaint with the Department of Labor online or by submitting Form 1010 (PDF) via fax or mail, to:

Veterans' Employment and Training Service
U.S. Department of Labor
ATTENTION: Form 1010
61 Forsyth Street, S.W., Room 6T85
Atlanta, Georgia 30303
Fax: (404) 562-2313

The DOL's Instructions for Veterans' Preference Claims has a step-by-step guide to the claims process. Call your nearest Veterans' Employment and Training Service (VETS) representative if you have specific questions regarding your military employment discrimination claim.

Allan Kuhl ⋅ Brimley, MI Hewlett Packard ⋅ 18 years experience

Frankly, my experience the solid resource you typically get from a Veteran is well worth the inconvenience of the 2 weeks deployed during the summer. I am a strong advocate of any military.

I'd take it off the resume and make them ask for it.

Once hired - I don't think by law it can affect you.

Allan Kuhl ⋅ Brimley, MI Hewlett Packard ⋅ 18 years experience

Frankly, my experience the solid resource you typically get from a Veteran is well worth the inconvenience of the 2 weeks deployed during the summer. I am a strong advocate of any military.

I'd take it off the resume and make them ask for it.

Once hired - I don't think by law it can affect you.

Allison Fletcher ⋅ Mount Pleasant, SC U.S. Navy, Lieutenant Commander ⋅ 10 years served

Have you considered removing it from your resume? Whether they are discriminating consciously or not would be very hard to prove. You can be honest in an interview about whether you can meet all weekend work needs they might have without highlighting specifically that you are a Reservist. Just because you aren't listing it on your resume, it does not mean you are being dishonest. You should not lie if they ask (although asking may be illegal) or mislead potential employers in any way, but you do not normally share information unless it is relevant to the position, right? Most women are taught or learn to avoid discussing their marital and parental status to avoid discrimination during the hiring process. This seems to be a similar case. Good luck!

Michael Bell ⋅ Atlanta, GA U.S. Army Reserve, Captain ⋅ 26 years served

I have been in the same situation. I don't think it's the deployments he is worried about. When you tell a perspective employer you are in the Guard or Reserves. The first thing they are thinking is "I am not going to have him one weekend every month and he will gone for 2 weeks in the summer" A lot of employers don't like that. It lessons their workload. But I do think its discrimination. Just let them know up front and be honest.

Cory Levier ⋅ Opelousas, LA U.S. Army, Specialist ⋅ 8 years served

No it is definitely not

Bruce Montville ⋅ Hampton, NH LifeWise Community Projects, Inc. ⋅ 30 years experience

Hi Joshua:
To quickly diffuse your reserve duty concern as a conflict with an employer, early in the interview process, ASK! Example: "Does the job allow for...........?"

As a former business owner and employment services executive, I can tell you that the answer will be based on what the job requires. This is the same as pay that is always based on budgets. Those answers are never about you. Good luck, Bruce

Heather Gillbanks ⋅ Houston, TX General Electric ⋅ 26 years experience

Lots of great advice here which I will try not to repeat.

You probably need to think about your end goal. While discrimination may be at work here, do you want to tie up your energy fighting it? If yes, go for it. But if your goal is to find a company where you can fit, and do great work, then perhaps consider that with a ratio of 200 resumes to 2 is not so great. I'd suggest you have someone qualified review your resume (even other hiring managers, like me, who can give you some pointers). Search a little, because there were (last time I checked) several services giving free/ discounted resume reviews to veterans.

Also, be aware that in today's age of Applicant Tracking Systems, it is very easy to get lost in the shuffle. Do NOT get trapped into the thinking that hitting "Submit" on a job application means a HUMAN will see your resume. Most often, they won't. Be sure to CUSTOMIZE each and every submission. And be very careful when applying to the same company more than once. I've seen people apply for roles with my Company anywhere from entry level to Executive and then wonder why we don't call them (I can see every job to which they've applied, and this type of thrashing in the system hurts their chances).

Feel free to PM if you have more questions - I do wish you the best of luck in your search, and thank you for your service to our nation.

-heather

Charles Krause ⋅ Glendale, AZ CJK, Inc ⋅ 40 years experience

I am sure the recent deployment schedule for reservists has disrupted many companies. I am also that a reservist's service is very highly regarded. But - yep there is always that - smaller companies usually have just enough personnel to get by because of the cost. So, if one person is called away, the company may suffer severe harm. Many can't afford to take that chance.

If you plan to stay in the reserves I would find a compatible civilian career in government or similar type employer. They will be more tolerant of your absence and can afford to cover the cost of replacement employees.

Chuck Krause

Ajoy Moonka ⋅ Albuquerque, NM Sandia National Laboratories ⋅ 33 years experience

A lot of employers encourage and support reservist including paid time off for training and full pay while deployed. Be patient and target such companies. The national laboratories, defense contractors and federal employers all are supportive.

David White ⋅ Spring Hill, FL U.S. Coast Guard Reserve, Petty Officer First Class ⋅ 6 years served

Morning Staff Sergeant,

I 100% feel your pain. I have been in the Coast Guard Reserves for 6 years. Over the last three years I was deployed out of the area. While I was gone, the company I was working for was sold. My last deployment was up on 30 September 2014, and other than drill weekends, I've not had any luck finding a job.

I started tracking the numbers as well, and since 01 Oct 2014, I've applied to 156 positions officially, and even more unofficially.

I have a Bachelors degree, and am almost complete with me Masters. I also and have over 10 years of sales and account management experience. I've revamped my resume dozens of times and I've had it reviewed by the local career counselor, the Fleet and Family people, and I even paid for one once. I tailor each resume to match the keywords and requirements of the job, and still, no luck. I've tried veteran recruiters (worthless honestly), focused on companies that hire veterans (just a marketing ploy that's not true), and even tried federal jobs through USAjobs.

The only hold up I can figure out is that I am still in the reserves. So, let me know if you figure out what's wrong, as you're not alone.

NOTE: All the people commenting on "why so many applications" have no clue how bad the job market is right now. The unemployment numbers are false because they don't count people that have given up looking or are severely under employed. The folks I've spoken to when I've gotten interviews all tell me the same thing...they received hundreds, if not thousands, of applications for posted positions.

BM1 David White

Laurence Schnabel ⋅ Templeton, CA Lewis Brisbois Bisgaard & Smith LLP ⋅ 45 years experience

There are both Texas state as well as federal statutes addressing what is and is not actionable discrimination. For an accurate assessment , I suggest you call the County Bar Association in whatever county you now live and ask for names of local attys who specialize in representing plaintiffs in job discrimination cases. Then on line review the qualifications of these attys to confirm that employment discrimination is one of their specialties ( and be sure when you call the Bar Assoc. you make clear you are looking for attys who represent plaintiffs , not employers). Whichever atty you then consult will review your case at no charge , since if the atty decides he/she wants to represent you, he/she will do so on a contingency fee basis. If you have no case or a weak one, the atty will tell you since the atty is not going to take a bad case on a contingency basis.

With all that said, the wiser course in my opinion is to forget suing anyone. Instead , simply search out potential employers who favor the military. USAA is located in San Antonio and a call to it might lead to some job ideas. Job counseling to ID you skills and aptitude might be beneficial. Since the future lies with knowledge workers and ones with needed skills , you might consider getting more education to better position yourself for the future. Filing a discrimination lawsuit and then seeing it through is an arduous process, and you could lose and face a substantial cost bill; I represented some of the country's largest employers in job discrimination cases in the course of a 40 year defense trial lawyer career in Los Angeles, so have a good idea of what such lawsuits entail. Also, you might look less appealing to prospective employers if you carry a history of filing lawsuits.
Good luck. Laurence Schnabel, AB ( Stanford), JD ( UCLA Law School) , CDR., USNR-R JAGC (ret.)

Kenneth Butler ⋅ Newark, DE U.S. Army National Guard, Sergeant ⋅ 32 years served

thanks for your service as well, we are all veterans tat are seeking a great position somewhere that is aligned with our military career. but sometimes employers think the reserves on weekends will interfere with work and take you away from duties if you have to work on weekends. i wa in the National Guard and the weekends tend to come more frequently like regular army duties and sometimes duty on the week day. but as long as you have orders no employer can or supposed to come between the military. the military reserves can provide orders for the employer to excuse you or the employer will be in deep dodo....LOL. but true cause i experienced this. or then the ESGR can be contacted. which is the employer support for the guard and reserves. good luck

STEVE SWENERTON ⋅ Boulder, CO SWENERTON CONSULTING, INC ⋅ 43 years experience

Very good advice in the other input given. At this point in your career, the last thing you should be doing is worrying about possible discrimination issues. That is not a path that will be helpful long-term. Find out what the shorfall in your resume is and what you need to do to improve the content of your qualifications, and then address that shortcoming whatever it might be. You might also need to adjust your expectations. What specifically are you looking for and how does your experience/skillset match up against what employers in that field are looking for? Several of the advisers have asked the question as to why you have applied to so many companies. That sounds like a shotgun approach where you will be more successful taking a rifle approach. Be specific as to what you seek and then thoroughly investigate what is needed for that career path/position. The job market is good at this time, but employers are being thorough in their evaluation process. So, do what you need to bring your resume up to where it needs to be with preparation to have a strong skill set. Then investigate specific companies to understand their direction and requirements, so when you send out resumes/cover letters you can demonstrate a knowledge of their companies together with the drive and commitment that they will be looking for.

Good luck!

Amit Chaudhary ⋅ San Jose, CA Doordash, Silicon Valley Software Company ⋅ 20 years experience

Hello Joshua,

Yes, it most likely is. Here is a small variation, I had a friend taking 4 weeks off which he was clear about and he did not get offers or phone interviews did not convert to onsite, till it was behind him

In some cases, it might not be deliberate.
It does affect the business need during those period and it adds new uncertainty.

The key is, what can you do to manage the situation. Some general tips below, message me and we can go deeper.
-Explore finding one and only one role and career that will be your focus, in Tech or Biz etc going forward.
-Highlight that and underplay all else in your resume and linkedin profile
-Apply as much as possible through people you find out. Connect to people on Linkedin, many non army people like me will be open to keeping someone who had served in the armed forces
-Apply to less companies, to force yourself, modify your resume for each company which is a good idea anyways.
-Long term maybe explore finding a flexible career which works with your path with break every few years, maybe a franchise owner with employees and manager, etc, an adventure company owner, etc.
-Underplay or skip the active call part, companies do not say they might do layoffs, it is just smart, they are not our friends or people.

All the best
Amit

Kelly Thrasher ⋅ Denver, PA Accolade ⋅ 20 years experience

Joshua, That is alot of applications, I'd have to also ask why so many and why you feel discriminated against. From your ACP profile it sounds like they asked for you to be available 24/7 or fully commited and that you feel you can't commit to that due to being a USAR TPU Soldier. Just some thoughts but you should commit to either the job or accept that telling people that you can't commit is going to illustrate that someone else that can will get the job. No one needs to hire anyone who is not "24/7". Focus on getting hired first. Once you land the job you can work with the company and the USAR to balance both. If your USAR Chain of Command doesn't support your schedule, then I'd say to search for another unit that can work with you. As a 68W SSG with 19 years, pretty much any unit will have a slot. San Antonio is a great place for veteran friendly companies. Search for what you WANT to do and apply full hearted to land your career. Also please take advantage of the offers to help with your resume, interviewing skills, LinkedIn profile, etc. Employers are looking for someone who will place the job as the priority.

Cindy Faria ⋅ Pensacola, FL University of West Florida ⋅ 25 years experience

If they are rejecting you because you serve in the armed forces, it would be discrimination. They may be concerned about your availability to them if you were hired. Make a point of assuring them that your service will not affect your ability to get your job done (if that is true). Focus on your skills, your availability, and what you can do for them. Good luck!

Charles Vazquez ⋅ Houston, TX U.S. Army, Sergeant ⋅ 8 years served

Joshua,

The Houston Police Department is hiring. We have classes set for May 25, July 6 and October 12. We hire veterans and reservists. Www.hpdcareer.com

Gerald Thomas ⋅ Tulsa, OK MSC Industrial ⋅ 25 years experience

Thanks for your service. As mentioned before extremely difficult to prove. If this employer does not see the benefit of hiring a reservest it tells me they wont be supportive if they did hire you. I would look at companies that have a track record for hiring and supporting the guard and the reserve. USAA is headquartered their and the VA also has a large presence their as well. You can look at MSC Industrial Supply to see if they have any openings as I know they are supportive. It is sad that companies only see the liabilities and not the benefits but it does exist unfortunately.