Were You Denied Employment Because of a Military Background?
You May Have a Case for Discrimination
One of the most unfortunate realities of our nation is that heroes sign up every day to risk their lives by serving in the armed forces, and upon coming back home and entering the civilian work force, they are often mistreated and labeled as a liability in the workplace.
Employers tend to view veterans as liabilities based on a bias against hiring employees that struggle with Post Traumatic Stress Disorder. While many veterans take this as a loss and continue moving forward, it’s important to know that the main reasons some employers refuse to hire veterans are in complete violation of our nation’s laws, and employee discrimination should never go unanswered.
Protection Under the Americans with Disabilities Act
Passed under President George H.W. Bush in 1990, the Act clearly defines differential treatment based on disability as an example of discrimination and clearly in direct violation of the laws of country. This discrimination starts in the hiring process and continues to treatment in the workplace, advancements within the company, and retirement. Differential treatment for PTSD is simply illegal.
Your Right to Undisclosed Military History
Many veterans are worried that military history will catch up to them in the hiring climate, especially if said veteran was dishonorably discharged or experienced something along those lines. What many don’t know is that questions from a potential or current employer in those areas are actually against the California Department of Fair Employment & Housing Act.
In an application and during an interview, you may be asked about military experience, but only in terms of the skills acquired during your time there that may be a valuable contribution to the role you are interviewing for. When asked what the nature of your discharge was, your interviewer is practicing illegal and unethical hiring practices and is subject to litigation, should you choose to do so.
While this is a legal avenue that everyone deserves to use in the event that they are discriminated against during hiring, it is incredibly hard to prove without inside people in management to confirm.
Call our California employment law firm today at (310) 986-2792 if you feel you’ve been wrongfully blocked due to your military experience and unfair stigmas related to it.