There are more than 8 million employed veterans, or about one out of every 20 U.S. civilian workers (Bureau of Labor Statistics). We have discussed in previous Vets to Ventures articles why veterans become valuable employees following service. They display discipline and structure, teamwork and leadership, work ethic and commitment, among other values.
While these qualities can be effective towards veterans filling positions for your company, employers must be mindful of certain and specific areas that they can and cannot discuss during a job interview when assessing candidacy.
Under the Uniformed Service Employment and Reemployment Rights Act (USERRA), it is unlawful to deny initial employment, reemployment, retention in employment, promotion, or any other benefit of employment to an applicant or employee because of the person’s unformed service membership, performance, application, or obligation.
USERRA protects individuals who decide to join the military, veterans who have left active-duty military service, and current members of the Reserves or National Guard. Moreover, various federal laws protect individuals from discrimination based on factors like race, color, religion, sex, national origin, age, disability, and genetic information. It’s important for employers to be mindful of these federal laws and guidelines when interviewing all job candidates.
Some questions can be tricky. For instance, can you ask about a veteran’s discharge status?
While it’s not recommended to ask first-time veteran hires about specific situations around their discharge status, this question may be allowed when a veteran is seeking reemployment or reapplying with a former employer after military service. Certain types of less than honorable discharges can result in the person losing reemployment rights under USERRA. Under 38 USC § 4304, a veteran loses reinstatement rights under USERRA if the separation from the military was due to a dishonorable or bad conduct discharge, or under other than honorable conditions, or if the person is dismissed or dropped from military rolls per 10 USC § 1161(a), (b).
Employers Do’s and Don’ts When Interviewing Veterans
During interviews with veterans, AVOID asking about:
- Combat experience: Inquiring about the details of combat experiences can be intrusive, potentially traumatic, and possibly violate privacy.
- Mental health conditions: Asking directly about PTSD, depression, or other mental health conditions is generally prohibited by the Americans with Disabilities Act (ADA).
- Physical limitations: Questions about specific physical disabilities or injuries must be avoided, as they violate the ADA.
- Future military obligations: Questions about whether a veteran is still in the reserves or could be called up for duty, are generally off-limits, unless these obligations interfere with future job responsibilities or the ability for the employee to do the job.
Instead, employers should focus on the veteran’s skills, qualifications, training, and experience that are relevant to the job sought. By focusing on job-related questions, employers can effectively assess a veteran’s qualifications
These are questions you CAN ASK about:
- Experience and Skills:
- Can you describe your military duties and responsibilities?
- What specific skills or training did you acquire during your service?
- How did your leadership experience in the military prepare you for this role?
- Transferable Skills:
- How have your military experiences helped you develop teamwork, problem-solving, or adaptability skills?
- Can you provide examples of how you applied military training to overcome any challenges in life?
- Military Training and Certifications:
- Do you have any military certifications or licenses relevant to this position?
- How have you utilized your military training in civilian settings?
- Abilities:
- Can you perform job functions with or without reasonable accommodation?
- Can you work our shift hours / days / nights weekends / rotating shifts?
- Will you have any problems getting to work on time?
Employers’ Role in the Veteran Hiring and Transition Process
What roles should employers play in the hiring process that would help veterans transition, integrate into your company culture, and create an opportunity for their success?
First and foremost, as with any employee, communication is critical between a veteran and supervisor, and a veteran and the human resources manager. Employers should let veterans know the resources available through your company’s health benefits and wellness plan. For example, veterans may have experienced traumatic events during their service.
Employers should invest time in understanding the transferable skills that veterans possess and how those skills relate to the job at hand. Veterans likewise should be encouraged to communicate how their former skills and experiences will translate into the daily job tasks. Employers should conduct thorough assessments to identify transferable skills and provide targeted training to bridge any gaps between military and civilian job requirements.
Mentorship programs are always important, and in a veteran’s case, it could be beneficial to pair veterans with experienced employees who can offer guidance, support, and insights on the daily job tasks and responsibilities. Possibly take the time to educate fellow employees about military culture, customs, and experiences to foster a supportive and inclusive work environment.
By implementing several of these strategies, employers demonstrate their commitment to hiring and supporting military veterans, contributing to a successful transition from military to civilian life. It’s a support system that will also benefit your culture and company as a whole.
