A question for the legal authorities here.

[Bandit]

Is it against the law to refuse to hire a National Guardsman or Reservist because of the way they are being abused and misused by this administration? There is a thread in LBN that I replied to and I said I can no longer consider hiring any Guardsmen or Reservists because I can not hold a job vacancy for an undetermined amount of time. Two weeks in the Summer is one thing but the way it is now I can not take the risk. Can I legally use that as a reason to deny someone a job? I really don't need to state any reason unless I were to fire someone but I'm just curious if anyone here knows the legalities on this.

[Padraig18]

1. Can't apeak for any other state

In Illinois, it would violate the state's Human Rights Act, just like refusing to hire a non-custodial parent who *has to have * one weekend and two weeks off every summer to care for their child. There was an article in our local paper earlier this year about this very question, and our AG said "Can't refuse to hire Guardsmen who are otherwise qualified."

[liberalhistorian]

2. That's the way it is here in Ohio, as well, in fact,

there are some pretty stiff penalties for not keeping the reservist's job open for the whole time of their deployment.

My question to you, though, is why would you want to punish the reservists for a policy that they have nothing at all to do with, and that they, themselves, dislike and resent? You said it yourself, they're being abused and misused by the government, but that is not THEIR doing and it's not their fault. You would be punishing the reservists and not those responsible for the policies permitting abuse and misuse of their services, those responsible don't give a flying fuck!

[Bandit]

3. I would be punishing myself if I hired any.

I am not punishing anyone. I am trying to survive in an economic turndown that is miserable. I can not save someone's job for them for a year or more. It is a punishment for the person I would have to hire to replace the guardsman and then fire when the guardsman returns a year or so later. How is that fair to anybody. The Guardsman chose to enter the guard not me. I am only trying to protect my business. I'm sorry but first things first and Bush*'s Iraqi war is not first on my list.

[Redneck Socialist]

4. As I understand it...

in NH at least you don't have to hold that position open, but you must give them a "equivalent" position upon their return. I had a reservist called up and sent to Iraq. He just returned and while his old position was filled I was able to move him into another with the same pay, hours and similar responsibility.