Can An Employer Ask About Military Service?

Why do job applications ask if you are a veteran?

The data allows companies to measure the results of their veteran recruiting efforts.

This requirement is to ensure that companies doing business with the government are not discriminating against veterans or protected veterans and that they’re taking active steps to recruit and hire them..

How do I know if Im a protected veteran?

Who Is Considered A Protected Veteran?Disabled veterans.Veterans who served on active duty during a war, campaign, or expedition for which a campaign badge has been authorized.Veterans with an Armed Forces Service Medal “pursuant to Executive Order 12985 (61 FR 1209)”Recently separated veterans.

Will my military service show up on a background check?

If you were Honorably Discharged or even Other Than Honorably Discharged, it doesn’t appear on most Background Checks. Yes, your military background will show up on a background check. … If it involves government contracting, there may be security requirements, which will pull up the military service.

What are the 5 types of military discharges?

In general, there are five different types of discharges from the Army: Honorable; General, Under Honorable Conditions; Under Other than Honorable Conditions; Bad Conduct; and Dishonorable.

Can an employer ask for a DD 214?

Generally, employers will ask those claiming prior military service to provide a copy of their discharge form, DD214. … Of course through credit verification, address verification and reference checks employers can easily determine if a falsified or forged DD214 has been tendered.

What are you not allowed to ask on a job application?

Questions should focus on job-related issues and protect the privacy and employment rights of all applicants. It’s illegal to ask about certain characteristics protected by law such as gender, age, race, religion, national origin, disability or marital status.

Is it illegal to ask about military discharge?

According to state and federal equal employment opportunity laws, “It is generally illegal to ask which type of discharge a military veteran received unless it is to ask whether or not an applicant received an honorable or general discharge,” Rosser noted.

What is the difference between a veteran and a protected veteran?

– Recently Separated Veteran means any veteran during the three-year period beginning on the date of such veteran’s discharge or release from active duty in the U.S. military, group, naval or air service. …

What shows up on military background check?

These screenings take a long time and involve many different layers. These checks include a criminal background investigation, which checks records with local law enforcement agencies in the areas where a candidate has lived, worked, or attended school in the past decade.

Does a dd214 show up on a background check?

Typically, military service is provided on a background check as part of employment history. Be aware that generally the only way an employer can verify military service is with your DD 214. Provide either a scan or photocopy, never give them the original.

How bad is a other than honorable discharge?

The most severe type of military administrative discharge is other-than-honorable conditions. … In most cases, veterans who receive an other-than-honorable discharge cannot re-enlist in the Armed Forces or reserves, except under very rare circumstances.

Can you ask an employee if they are a veteran?

Asking veteran applicants questions about their disability is illegal according to the Uniformed Services Employment and Reemployment Rights Act and the Americans with Disabilities Act.

Do employers check military service?

To obtain information about an applicant’s military service, an employer is permitted, with consent, to make inquiries pertaining to dates of military service; duties performed; rank during service at the time of discharge; pay during service and at the time of discharge; training received and work experience.

Can you legally ask someone if they are a US citizen?

Most employers should not ask whether or not a job applicant is a United States citizen before making an offer of employment. Federal law also prohibits employers from conducting the Form I-9 and E-Verify processes before the employee has accepted an offer of employment. …

How does an other than honorable discharge affect civilian life?

It may be difficult or even impossible to get a federal job because you lose your veterans’ preference rights in the hiring process. You also lose your protections against military-related discriminations associated with civilian employment. With an OTH discharge, you are not entitled to unemployment benefits.

Can you be a firefighter with an other than honorable discharge?

It sounds like anything less than an “honorable” discharge would disqualify you. But I would ask someone who does the hiring at the department you are looking at. … If a less than honorable discharge, the very kind of discharge OP received, disqualifies you, then it disqualifies you.

What are illegal questions?

Illegal job interview questions solicit information from job candidates that could be used to discriminate against them. Asking questions about a candidate’s age, race, religion, or gender could open a company up to a discrimination lawsuit.

Can you ask about military service on a job application?

To obtain information about an applicant’s military service, an employer is permitted to make inquiries on the dates of military service, duties performed, rank during service at the time of discharge, pay during service and at the time of discharge, training received, and work experience.

Does a general discharge look bad?

General Discharge Under Honorable Conditions General discharge means that you met the requirements of service, likely with some minor disciplinary actions, or failure to meet certain standards. However, overall, your military performance was considered satisfactory.

Can my boss ask me personal questions?

The short answer to this is that yes, they can ask. Whether or not you choose to provide it is up to you. However, an employer can usually legally deny you a position if you refuse.

Are you considered a veteran if you have an other than honorable discharge?

Under federal law, a veteran is any person who served honorably on active duty in the armed forces of the United States. Discharges marked “general and under honorable conditions” also qualify. … They would be considered a veteran no matter how long they served.