Veteran Hiring and compliance with recent Salary History Bans and USERRA: Stop discussing Veterans military rank or asking for DD214 in applications
There is significant discussion among military members, veterans and veteran friendly hiring companies on the utility of asking a Veteran's final military rank. Often this discussion revolves around transferable skills, implied and explicit levels of responsibility, inherent trust placed and assessment for future potential that was evaluated to achieve a specific rank. These are valid and reasonable discussions, but the unwitting HR professional or hiring manager may be setting themselves up for failure. Discussing rank history or asking for DD214 to confirm veteran status may run the employer afoul of fair labor standards in many states.
As of this writing, 18 States and 17 local governments have enacted a variation of a state-wide law or regulation which prohibits employers from requesting or utilizing previous salary history information in considering applicants (with more adoptions of laws happening each year and likely federal adoption in the near future). As noted by the website HRDrive (https://www.hrdive.com/news/salary-history-ban-states-list/516662/); "The laws are aimed at ending the cycle of pay discrimination and some go further than merely banning pay history questions. A few also prohibit an employer from relying on an applicant's pay history to set compensation if discovered or volunteered; others prohibit an employer from taking disciplinary action against employees who discuss pay with coworkers."
When asking for an individuals military rank or grade, the inquiring manager is intentionally or unintentionally establishing a pay and wage scale for the applicant or candidate. The Department of Defense has clearly published pay and compensation charts which are directly tied to an individuals rank and are not subject to individual negotiation. This includes basic salary information as well as allowances such as housing and special pays. By establishing that a service member separated as an O-6 with 30 years of service last stationed in a specific location, the employer has established full wage history, intentionally or unintentionally.
Likewise, requesting the DD214 (Certificate of release or discharge from Active Duty) or NGB-22 (Certificate of release or discharge from Reserve or National Guard Duty) to verify military duty and veteran status can similarly place a prospective employer in a compromising position. Along with providing rank at release information (discussed above), these documents may also included protected information on disabilities, medical history, sexual orientation as well as others. Requesting the DD214/NGB-22 also reveals the discharge status of the veteran, which itself can be a pitfall for employers.
What then is an employer to do if they should not inquire about a veterans rank or ask for their discharge documents to verify status? The answer really is simple. As stated by SHRM (https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/think-before-asking-about-veteran-discharge-status.aspx); "A better practice is to ask applicants if they have any experience as a result of their military service that they believe would assist them in performing their job duties..."
Chris Thorne, SHRM-SCP is the owner of Chris Thorne Consulting which is committed to providing industry best practice solutions to veteran engagement and retention. Chris Thorne Consulting is an approved SHRM Re-Certification and PDC Provider. Chris is a SHRM Certification Ambassador, non-profit Board member and a 30 year U.S. Navy Veteran.
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4 年What about those who served honorably vs. those who were OTH, BCD, or Dishonorably discharged, shouldn't that be considered as well? I think the salary discussion is valid, but how would an employer differentiate? I think that those of us who served honorably should be favored over those that didn't, and I think that this should factor in somewhere in the process. I know this is sometimes more complicated but for the most part I would argue that anything other than an Honorable discharge reflects some type of character concern? Very interesting article Sir
So grateful for this article! As a compensation professional and facilitator for veterans transitioning into the workforce, I find class members really crave information and guidance in current total rewards and negotiation practices and trends. As I get to facilitate often in Washington state, one of the 18 states that have recently enacted "pay equity" laws, we discuss these issues in a real-time and meaningful way!
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5 年Excellent article, well written and informative. Thanks!
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5 年Good info and something that I hope is being discussed during veteran mentoring sessions/groups/conferences etc. I think this is another good reason why veterans really need to be prepared with marketing themselves so if they are asked for this information they can answer by speaking about their skills and what they will bring to the organization without ever answering directly.? Great article.??