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Kolb says employers cannot make employment decisions on the basis of a service member's membership or active duty service in the military. âEssentially, the employer cannot ask questions about the effect of the employee's military service on his ability to work for the employer.â.
A public employer may require an employee to answer questions in an internal agency investigation if the employee is told that no answers will be used to prosecute the employee. Workers in the private sector do not have these Garrity rights since the Fifth Amendment applies only to the government, not private actors.