Understanding Military Discrimination

Scorecred
4 min readApr 26, 2024

As the military service is grounded upon dedication to duty and sacrifice as core virtues, discrimination in this field is a desecration of honor, integrity, and equality principles. There is discrimination in various forms, including the forms based on race, gender, sexual orientation, religion, disability, or veteran status. Such discrimination not only severs morale and cohesion in the armed forces but also violates the core rights of those who have pledged to defend their country. In the course of justice and fairness, a military discrimination lawyer comes as a key advocate, committed to the protection of the rights of those who serve and the integrity of the military institution.

Military Discrimination Understanding

Military discrimination is unfair treatment based on protected characteristics of a service member. Some discriminatory practices include harassment, imbalanced treatment in assignments or promotions, retaliation against whistleblowers, or denial of benefits and accommodations. Military personnel can suffer discrimination during all phases of a career: from enlistment and training to active duty and as veterans. Military discrimination not only undermines morale and unit cohesion but also affects efficiency and readiness of the military.

Causes of Service Member Discrimination:

These hierarchies in combination with the strict obedience to the chain of command often act to discourage service members from reporting discrimination in order to avoid potential retaliation or problems with career paths. Added to that is the unique legal framework governing military justice, including the UCMJ, where it is not simple to pursue recourse for victimization. Moreover, the cultural stigma attached to reporting discrimination within the ranks will further discourage victims from reporting. Then, the advice and expertise of the military discrimination attorney come into play in the pursuit of justice within the legal framework.

Military Discrimination Attorneys

Military discrimination attorneys specialize in representing service members who were subject to discrimination in the armed forces. These attorneys are well versed in the law of the Armed Forces, the rules and regulations, and procedures, coupled with expertise in civil rights and anti-discrimination legislation. Some of the roles that military discrimination attorneys hold include:

  • Legal Advice: Military discrimination attorneys advise service members in a confidential setting as to whether they are subject to discrimination. During the advice, attorneys judge the merit of the case, present the applicable legal standards, and counsel the clients on their rights and remedies.
  • Military Proceeding Representation: If the service member decides to proceed with litigation, military discrimination attorneys represent their clients in military administrative proceedings, courts-martial, or other legal arenas. Attorneys argue for the rights of clients, challenge the discriminatory practices, and seek remedies and redress for damage caused.
  • Advocacy and Policy Change: Apart from litigation, military discrimination attorneys advocate for corrective system-related issues and the policy change of the military. They work hand in hand with advocacy groups, policymakers, and military leadership to advocate for the change of policies of embracing inclusive policies, diversity training, and mechanisms to fight discriminatory practices effectively.
  • Support and Empowerment: Military discrimination attorneys support and empower service members by guiding them through litigation, providing support materials and resources, and advocating for their interests. Attorneys work to create an environment in which a service member feels empowered to exercise his or her rights and to fight discrimination without fear of retaliation.

Examples:

The Importance of Justice and Validation Experiences of Service Members: Impact of Military Discrimination Attorneys

Heavy are the impacts of military discrimination attorneys from experiences of service members who would find justice and validation through their advocacy. Such impacts come in the form of resolutions to discriminatory and brutal elements ingrained in the military, giving strength to service members who experience military discrimination and harassment.

One of the most recent cases in this regard is that of Sergeant Sarah. She is a decorated combat veteran whose gender-based discrimination and harassment in her unit drove her to seek legal help from a military discrimination attorney. Iron-willed and persistent, such an attorney would unveil the systemic problems in the unit. As a result, the service members who perpetrated the discriminatory behaviors will suffer disciplinary action, and reforms will be made regarding training and leadership practices.

Private James is another case. Private James was a transgender service member who suffered discriminatory practices and policies that barred him from serving openly. In the service of Private James, a military discrimination attorney cumulated into evidence the discriminatory policies through legal means. He played a huge part in repealing the transgender military ban and the right of transgender individuals to serve openly.

There is an irreplaceable role military discrimination attorney play in fostering justice, equality, and integrity within the ranks of the Armed Forces. These legal professionals, through their knowledge, avocation, and unyielding commitment to the rights of service members, are the champions of justice and the catalysts for positive change. As they work on developing a military culture that upholds diversity, inclusivity, and respect for all service members, military discrimination attorneys are an indispensable contribution to the principles of fairness and equality within the ranks.

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