Discrimination In Military

In September 2011, the United States lifted the “Don’t Ask, Don’t Tell” policy (DADT), which restricted gay, lesbian, and bisexuals from openly serving in the military. This was the first time in American history in which people of every sexual orientation could serve openly (“11 Facts About,” n.d.). This was a momentous occasion for some and not so much for others. For those military members that had served in secret and those members that were firmly against gays and lesbians, this repeal had different meaning. Both groups contained members that have served in the military for years and were products of the Former President Bill Clinton’s 1993 “Don’t Ask, Don’t Tell” policy. For many soldiers of this era, communication issues arose due

Upon the acceptance of the Combat Exclusion Law, each military service was to define their policies to determine where females could and could not serve. What this means to the Army in particular is that “all jobs except those having the highest probability of engaging in direct combat” (Ferber, 1987, p. 4) will be opened to women in the Army. The Navy, Marines and Air Force have all had to evaluate the exclusion laws as well and establish criteria as appropriate.

Women have been sexually harassed and assaulted in the work force for years, and for many years, the US Army has been dealing with this enormous and overwhelming issue, through the help of their agency known as the Equal Opportunity Program (EOP). In the US Army regulation 600-20, Army Chief of Staff, General Raymond T Odierno, States the purpose, “This regulation prescribes the policies and responsibilities of command, which include the Well-being of the force, military discipline, and conduct, the Army Equal Opportunity (EO) Program, and the Army Sexual Assault Victim Program.“ For a long time, the Army’s EOP Equal Opportunity

The U.S. Army will provide EO and fair treatment for military personnel and family members without regard to race, color, religion, gender, or national origin, and provide an environment free of unlawful discrimination and offensive behavior. The assignment and utilization of female soldiers are the only exceptions to our non-biased personnel management process. AR 600-13, Army Policy for the Assignment of Female Soldiers, prescribes policies, procedures, responsibilities, and the position coding

The Army provides fair treatment and equal opportunity for service members, their families, and the

Women have been participating in the United States military since the Revolutionary War, where they were nurses, maids, cooks and even spies. They played vital roles in order to keep those fighting on the front lines healthier, and even a more important role in keeping commanding officers informed with private information stolen from the other side. Although the Revolutionary War took play in 1776, the first law to be passed that permanently stated that women have an official place in the military was in 1948, almost one hundred and seventy-two years later. Since that time there has been a lack of true growth when it comes to integration of females in the military. In 1994, a law was passed that tried to prohibit women from being assigned to ground combat units below the brigade level. Women are excluded from more then 25% of active combat roles within the military and only in 2013 was the ban lifted which was the final barrier to allowing women into all active roles. This has been a huge step in the direction for women being considered as being equal but there are still challenges that women face within the military. Ranging from sexual assault, discrimination, bullying, and other tactics, it is clear that for many, the military is still a “boys club.”

Over the past few years, there has been huge discussions when the topic of equality for women who have joined the military is being brought up. Being that gender equality is a big thing in the military now, I decided to chose this topic and discuss how I feel about it. According to the United States constitution, all men are created equal and this does not exclude women. One of the main things I learned is that equality for women in the military is a major issue. There should be no gender inequality in the United States military period. Most jobs are now open to women that were once allowed for only a man to do but when it comes to something such as the military, it should have always been that way No one should be told they can’t do something when it requires fighting for your country. Even back when men were drafted in the military, women should have been able to get drafted as well. You would think the military would take any and everybody that is willing to fight for his or her country simply because it would make our job easier as a whole. Frequently, women are stereotyped as feeble and incapable of doing certain things. Nevertheless, this should not be applied in any kind of career, particularly in the military.

The issue of gays in the military has been controversial in the United States for many decades. Over these decades there have been many different proposals as to what approach to take in order to handle the situation of homosexuals in the military. However, in 1992 when Bill Clinton was running for President of the United States, he made a promise to lift the ban on homosexuals in the military if he was elected (Washington Post). Bill Clinton followed through with his promise, and in December 1993 he instituted “a defense directive that military applicants should not to be asked about their sexual orientation” (Washington Post). This is now known as “Don’t Ask, Don’t Tell.” Don’t Ask, Don’t Tell was the result

Military status protection covers the employment rights of military veterans and reservists. The two most important laws that protect the rights of veterans and reservists are the Vietnam Era Readjustment Assistance Act (VERA) of 1974 and the Uniformed Service Employment and Reemployment Rights Act (USERRA) of 1994 (Mathis, Jackson, Valentine, & Meglich, 2017). In this paper we are going to focus on the most recent law that effect employers the USERRA.

Over the past three years, the Secretary of Defense “directed initiatives to fundamentally reform” sexual assault prevention and response.2 The Department of Defense (DoD) has instituted over 100 Congressional sexual assault provisions, “the most comprehensive reforms to the Uniform Code of Military Justice [UCMJ] since 1968.”3 This year, the draft National Defense Authorization Act for fiscal year 2016 includes a specific section (sec. 538) that directs the Department of Defense (DoD) to improve prevention and response for male victims of sexual assaults in the armed forces.4 The Military Workplace Study by RAND

Sue Kelly once said that “The sacrifices made by veterans and their willingness to fight in defense of our nation merit deep respect and praise-and to the best in benefits and medical care” (BrainyQuotes). When it comes to a person lacking civil rights, it is most common for the general public to picture an African American, a gay-or queer-person, or someone else in the minorities. However, statistics have shown a surprising rise in veterans with limited health care, no house, and no job. It is under these numbers, that in which I instate my belief that there lies a major civil rights issue in the veteran community to which American civilians must answer to.

Unfortunately, many veterans are without employment. Veterans who joined the military right after high school are at a disadvantage when competing for civilian jobs. Veterans often don’t have skills and the experience necessary to obtain jobs after deployment from the military (Foundation for the Carolinas, 2012). Additionally, they lack a college education necessary for obtaining decent paying jobs. Because of their lack of work experience, veterans are being subjected to employment discrimination (Weissman, 2014). Veterans are in need of greater employment opportunities and financial assistance. Furthermore, many veterans don’t receive military benefits or receive an insufficient amount to support themselves and/or their families (NASW, 2012).

Military members may suffer from disabilities/injuries (both physical and mental) that may require accommodations. Additionally, the transition from military life to civilian life may prove difficult for some (Dewitte, 2013). Military careers, experiences, and skills may not translate well into civilian resumes, or may not translate into the specific skills required of a position, which could inadvertently eliminate potential veteran candidates (Nagorny & Pick, 2012). Additionally, some hiring managers may harbor negative stereotypes about veterans’ emotionally stability (depression and PTSD, for example) or about their rigidity and formality and how that will mesh with the current workforce (Nagorny & Pick, 2012).

I am a little fascinated by an act for personnel who are called to duty to serve in the armed forces. The Uniform Services Employment and Reemployment Rights Act (USERRA) provides protection to National Guard and Reserve members. When civilian workers return to active duty, Under the USERRA, employees are entitled to return to their civilian jobs after completing their military service. This act was put in place to protect reemployment benefits and nondiscrimination rights of individuals who involuntarily or voluntarily take a leave of absence from their job to serve their

Title VII states that an employee cannot be treated differently because of sex unless sex is a bona fide occupational qualification (BFOQ). When used as a defense, bona fide occupational qualification (BFOQ) allows an organization to hire and employ individuals on the basis of the qualifications reasonably necessary to the normal operation of that particular business or enterprise. This paper will discuss the necessary steps employers must take in order to justify using sex as a discriminator when hiring employees and review some known cases where BFOQ was used as a defense.