Military Law

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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.
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