Originally Posted by
Wayst
Had a friend interview with Spirit recently. He is a military pilot and a part 121 pilot. He said the interview went great except the head of HR scrutinized him for being on military leave. He said she was very aggressive and annoyed that he would work for his 121 carrier and then go on military leave for a year. He said he explained that it wasn't meant to be for a year but he had been extended for circumstances out of his control and he was about to return to his 121 company. A few days later we was sent an email saying he did not receive the job. He is really bummed because he was really excited to work for Spirit.
I Understand that 121 carriers don't like guys to drop mil leave for extended periods of time, but is HR allowed to ask these questions during the interview? Does this sound like discrimination? Just like HR cannot ask a female if she has ever taken maturity leave or if she is planning on getting pregnant and taking maturity leave.
What do you guys/gals think?
I highly doubt he didn't get the job because he was on military leave. I am sure there was something else, but if HR was openly critical about him being on mil leave than that is how he perceived the interview went. It doesn't matter if HR had a good reason not to hire him, if there is a small amount of perception that discrimination took place than HR can be in the wrong.
An option is to contact the Employer Support for Guard/Reserve (ESGR). They are an educational group (not enforcement group) that will talk to the HR at Spirit about USERRA Laws. And Yes USERRA does protect and military member from being discriminated for military affiliation during an initial hiring process. I doubt anything will come of it, but it may prevent HR from asking those line of questions in future interviews.