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Asking about Military affiliation in interview

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Militarywife27

Junior Member
What is the name of your state? - California

I have recently relocated to California because my husband is in the military. I work in Human Resources and am looking for a new position. I am surprised that in several of my interviews thus far employers have directly asked me if I am related to someone in the military. Most recently, I completed a phone interview with a company where this was really the only question asked (besides reciting my resume to the interviewer which he already reviewed). I was then immediately turned down for the position. I know that military affiliation is not a protected class under federal law, however, can employers ask this question in an interview and make this the sole determination of employment? Thank you!
 
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Militarywife27 said:
What is the name of your state? - California

I have recently relocated to California because my husband is in the military. I work in Human Resources and am looking for a new position. I am surprised that in several of my interviews thus far employers have asked me if my husband is in the military. Most recently, I completed a phone interview with a company where this was really the only question asked (besides reciting my resume to the interviewer which he already reviewed). I was then immediately turned down for the position. I know that military affiliation is not a protected class under federal law, however, can employers ask this question in an interview and make this the sole determination of employment? Thank you!

My response:

Yes, Ma'am, they sure can - - and it's all legal to do so. Also, you know why they're asking, too.

IAAL
 

Militarywife27

Junior Member
That is what I was afraid of. It is unfortunate because I know I am a very hard worker and am very qualified for these positions. It seems unfair that employers are allowed to discriminate against the military when our family members are fighting for this country's freedom. I would love to stay in one location for more than 3-5 years, but our government won't allow us to do so. Do you heppen to know if there are any states where military affiliation is a protected class?

Thanks again for your speedy responce!
 
Militarywife27 said:
That is what I was afraid of. It is unfortunate because I know I am a very hard worker and am very qualified for these positions. It seems unfair that employers are allowed to discriminate against the military when our family members are fighting for this country's freedom. I would love to stay in one location for more than 3-5 years, but our government won't allow us to do so. Do you heppen to know if there are any states where military affiliation is a protected class?

Thanks again for your speedy responce!

My response:

Nope, and that's because there is no such animal. You see, Title VII is "Federal Law," and that means it's the law for each State in this Union.

Employers have no interest in expending money on a new employee, only to see that employee leave, and then having to start the whole ball rolling again with a new employee.

So, employers are not only looking for "good," experienced employees, but those who have more than a decent chance of staying with the company for many years. Your potential employers know, right from the get-go, that you'll be leaving in a short period of time.

Next time, marry someone who doesn't have a crew cut.

IAAL
 

rmet4nzkx

Senior Member
CALIF-LAWPRO62 said:
My response:

Nope, and that's because there is no such animal. You see, Title VII is "Federal Law," and that means it's the law for each State in this Union.

Employers have no interest in expending money on a new employee, only to see that employee leave, and then having to start the whole ball rolling again with a new employee.

So, employers are not only looking for "good," experienced employees, but those who have more than a decent chance of staying with the company for many years. Your potential employers know, right from the get-go, that you'll be leaving in a short period of time.

Next time, marry someone who doesn't have a crew cut.

IAAL
OT:eek:
Here is one for the contest, it is not what it seems, the real story is on the second page, involves French citizen who's time has run out, there may actually be a trailer in the story, It is in MD. https://forum.freeadvice.com/showthread.php?t=324175
 

cbg

I'm a Northern Girl
There are states in which military status or sevice is protected at the state level, but that would only offer protection to your husband, not to you.
 

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