Are employers allowed to ask job applicants questions about their military service?

In California, employers are allowed to ask job applicants questions about their military service, but it is against the law to discriminate against individuals because of their military service. Under the federal law known as the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), employers may not refuse to hire a person because of their military service record or obligations, and employers are also prohibited from basing hiring decisions on an individual’s past or future military obligations. Employers are also prohibited from discriminating against a job applicant because of their military rank or type of service. This means that employers cannot make hiring decisions based on whether someone is an officer or an enlisted person or the branch of service they served in. In California, employers may ask a job applicant about their military service. However, employers must be careful not to ask questions about the job applicant’s specific duties or other information that could potentially reveal information related to their disability status. If a job applicant is asked a question that they feel is discriminatory, they may file a complaint with the U.S. Department of Labor. Overall, employers in California may ask job applicants questions about their military service, but they are not permitted to use this information to make a hiring decision, or to discriminate against individuals because of their military service.

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Are employers allowed to ask job applicants questions about their military service?

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