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discharge papers
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discharge papers
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I was wondering if it was appropriate to ask to see discharge papers from the Army from a job applicant. I have a candidate who only served 1 year and indicates on his job application that the reason
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Forums » Topic Forums » Recruiting & Staffing » discharge papers
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discharge papers
posted at 7/8/2009 7:50 AM EDT
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Posts: 94
First: 2/7/2008 Last: 3/21/2011 |
I was wondering if it was appropriate to ask to see discharge papers from the Army from a job applicant. I have a candidate who only served 1 year and indicates on his job application that the reason was a medical discharge. I want to verify the discharge to rule out any misconduct resulting in an other that honorable discharge that might disqualify the applicant. Since he included his military service on his application as part of his qualifications, it seems appropriate but I would like some feedback. Thank you. |
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discharge papers
posted at 7/8/2009 9:43 AM EDT
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
Many states have prohibitions that restrict what an employer can ask or seek with respect to military service. Ascertaining the type of discharge would be unlawful in various states. As an aside, even if seeking such information is lawful within a particular state, the fact that there is potential medical/disability issue at hand (due to information already supplied by the applicant) would cause the prudent employer to not seek this information until after a conditional offer of employment has been tendered to ensure compliance with the ADA. I trust this information is helpful. Dave Arnold, Ph.D., J.D. |
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discharge papers
posted at 7/8/2009 12:40 PM EDT
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Posts: 94
First: 2/7/2008 Last: 3/21/2011 |
Thank you for the input. I reviewed the information I had from the DFEH and EEOC and found that I could ask questions regarding relevant skills acquired during U.S. military service but not about dates/types of discharge. I have heard that there are is an abbreviated DD214 form that provides some information about training, awards, etc, without providing discharge and medical information. Does anyone know if, by asking to see a copy, it would provide information relevant to hiring without divulging medical and discharge information and thus satisfy our requirements within the law?
If not, I find it odd that we can request information from past employers to determine the suitability of candidates(albeit the responses can be sketchy)but that there is no way to confirm information given by military personnel. |
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discharge papers
posted at 9/29/2009 9:41 AM EDT
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Posts: 1
First: 9/29/2009 Last: 9/29/2009 |
As a former Marine and HR rep. I have seen this alot! Many prior service members are barred from discussing their military history depending on job classification. HR Law states that you can ask about relevant skills that pertain to the job aquired while in service. If you do ask about the discharge, on an application, you need to make sure you say that a less-than-honorable discharge is not an absolute bar to employment. But, keep in mind that you still can run a risk of a lawsuit if it even looks like that was a factor of an applicant not being hired on that basis. |
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