March 13, 2007 in Opinion

Reservists deserve fair job opportunities

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Shortly after President Bush announced the decision to send an additional 21,000 troops to Iraq, the Department of Defense changed its mobilization policy for members of the military’s National Guard and reserve forces. This policy change will result in more frequent and lengthy deployments of reserve soldiers, sailors, airmen and Marines to the Middle East. On the home front, the 81st Brigade Combat Team of the Washington Army National Guard will likely experience a second tour of duty in Iraq as a result of this policy change.

Since the horrific events of Sept. 11, 2001, the president has spoken of the sacrifices this country must make in order to successfully prosecute the global war on terror. While these sacrifices have fallen disproportionately on the members of our armed services and their families, it is also true that employers are impacted whenever one of their reservist employees leaves work for an extended period of time to fulfill a military obligation. Some employers, like public safety agencies, feel an even greater impact.

While the majority of employers in the Inland Empire are doing the right thing with regard to accommodating their reservist employees, it has come to my attention that some businesses have been less supportive of their reservist employees.

For example, an employee of a local health care provider informed my office that his boss has forced him to take vacation and sick leave in response to the employee reservist’s mobilization. Our office recently spoke to a veteran who was denied advancement in his job because of a military-related absence.

I recently communicated with two young reserve officers who experienced difficulty finding a job in Eastern Washington due to their military obligations. One lieutenant was told by an Eastern Washington public school district to “not bother” applying for a job because of the officer’s upcoming military training commitment, while a second school district ignored his application.

Another young officer attended interviews with four local franchises of national chain corporations. During each interview, he fielded questions about the possibility of being sent overseas. He received no offers. It was only after the reservist applicant quit listing his reserve affiliation on his resume that he received a job offer. It is a sad day when a reservist must hide his or her military affiliation in order to be considered for employment.

On their face, these instances exhibit likely violations of a federal law that prohibits businesses from discriminating against employees or prospective employees who are members of the reserves or National Guard. As a veteran and former reservist with 35 years of military service, including numerous deployments, I take this issue quite seriously and have made it a priority of my office to look into such allegations of discrimination, including those listed above.

Federal courts also take this issue seriously and have been receptive to hearing such discrimination cases. In 2004 a federal court in Colorado awarded more than $500,000 to a reservist whose employer was found in violation of federal law protecting reservists from employment discrimination. Since September 2004, the Department of Justice has vigorously enforced the rights of service members, filing 13 lawsuits and reaching seven consent decrees.

Unfortunately, this is not the first time in our nation’s history where some employers have tried to shortchange those men and women who have answered the nation’s call. In 1946, the Seattle Rainier Baseball Club refused to rehire a former player who left the team to fight in World War II. While acknowledging “the seriousness to baseball of having a judge dictate” its roster, the judge in Niemiec v. Seattle Rainier Baseball Club ordered the team to rehire the player and opined that had the veteran and others not done their job, baseball would not be the same game under the rule of Nazi Germany. I, likewise, doubt that al- Qaida thinks much of baseball.

I ask that all employers in Eastern Washington do their part in supporting the nation’s efforts overseas by helping reservist employees at a time when our community is relying on their continued sacrifices. I also invite any reservist or National Guardsman who has experienced adverse employment actions regarding their reserve service to contact my office. These reserve soldiers, sailors, airmen and Marines depend on your cooperation for their continued success overseas.

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