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Military Discrimination Laws

Discrimination can take on many forms, all of which are not illegal. When a person is being overlooked or treated unfairly based on their age, gender, race, religion, or disability, they usually have grounds to claim discrimination. Many people are unsure of their rights when dealing with discrimination. The differences between civilian and Military Law can further add to the uncertainty. This can lead to legal questions about Military discrimination laws, like the ones answered below.

Is it considered military discrimination if married couples are housed before single military personnel?

This type of action could be considered discrimination, however not unlawful discrimination. The military attempts to house families before single individuals out of need, not discrimination. You will probably have a hard time proving discrimination due to the military placing a family in a house before choosing to place a single person in a house. You may want to go through your chain of command and see if you could be allowed to find an apartment off base instead of being in bachelor quarters. While the military prefers that you remain on base, it may be possible for you to request housing off base.

What can a soldier do if they think they are being racially discriminated against?

The soldier needs to document everything that shows discrimination and take it to his command. If the soldier's command is part of the discrimination, he can file a UCMJ Article 138 complaint against his commander. If the soldier is planning to file a complaint against these people for discrimination, he/she may want to hire an attorney who is familiar with military law to assist him/her.

What is the maximum amount I can ask for in an EEO claim against the US Army?

Generally, a person would ask for $100,000, but there isn't a set amount that you can ask for. Usually you would sue for your loss of wages or money, and your pain and suffering. The judge who hears the case will be the one to determine what you will receive. You can ask for a large sum in the beginning, this may allow you more for your damages, however, this is no guarantee that you will get the amount you ask for.

How does the military get around age discrimination issues when applicants who apply for flight school/training cannot be older than a certain age?

The military has a responsibility to ensure that all entries are physically and mentally fit for duty. This is discrimination to an extent, but not in the same text as racial, or gender discrimination. The military will not allow an individual to enter if they have a disability that will hinder their ability to perform or the mental clarity needed for combat.

Is it considered discrimination when a company prohibits Military veterans from discussing the military with fellow veterans during work hours?

Generally, this isn't considered discrimination unless it is based on race, gender, age, religion or disability. The fact that your employer doesn't want you to discuss your military experiences at work is not discrimination. Discrimination comes in many forms but not all discrimination is illegal. Veterans are protected under certain federal and state laws, but these laws pertain to the employment status of a veteran who returns from deployment.

When dealing with discrimination, people can be uncertain about the difference between illegal discrimination and legal discrimination. Many people are unaware that there is even a difference between the two. Discrimination stems from someone who is treated unfairly based on a selected class such as race or religion, etc. If you are in doubt about your particular circumstances and need to know if there is a valid case of military discrimination, it is always best to ask an Expert in Military Law to evaluate the particulars of your case and provide legal insight.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11867
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
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Recent Discrimination Questions

  • I think you answered my question back in March when I was being

    I think you answered my question back in March when I was being subjected to a 15-6. I was notified today to meet with the Battalion Commander on the result/findings of the investigation. The initial 15-6 was addressed to a Soldier but in the process of investigation, it reversed and focused on me. I was advised to plea the 5th but I could not leave the Soldier hanging. The Soldier is in the retirement process and moved to his state of residence but has been called back on Thursday to receive a GOMOR from the 1st line general officer. Same day he receives his GOMOR, I am being requested to attend a meeting/counseling and the BN CDR has requested the presence of the HR director. At what point do I need to obtain an attorney for an EEO case?
  • My wife is in a training command and today she was told she

    My wife is in a training command and today she was told she would most likely be removed from the program due to her being pregnant. We just found out and followed the proper channels and notified everyone in chain. Even though she would graduate C-School before baby is born. She is a corpsman in the USN and trying to be a labtech. All her instructors like her that we know of and she is one of the better students in the phase 2 training command. Were sire we could also get letters from most of her superiors. Do we have any grounds to fight this.
  • I have a "no contact order" placed against me which was initiated

    I have a "no contact order" placed against me which was initiated at the beginning of a 15-6 investigation. The investigation revealed that there was an inappropriate relationship between me and a senior member of my chain of command due to perception, there was no ACTUAL proof. We were both issued GOMORs that were filed in our permanent fish, despite the recommendation from everyone in the chain for a local file. The senior member was moved out of the battalion and attached to a different unit on the same base. There no longer exists any of the influence that could be perceived, and we are both NCOs. 7 months later, the no contact order (which was put in place for the investigation) still remains in place, regardless of the changed situation. I feel as if I'm being continually punished and discriminated against. I am the ONLY single female in my battalion, in a very small unit. I have since gone to the board and became promotable and received awards for my work. Do I have a leg to stand on to try and fight this order as being illegal? The reason that it was imposed, no longer exists and never will again, so what do I do?
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