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Posts Tagged ‘military’

Federal judge blocks military from discharging service members with HIV

Friday, February 15th, 2019

A federal judge in Virginia ruled Friday that the U.S. military must suspend its practice of discharging service members because they have HIV.

The injunction followed a lawsuit filed by two airmen who learned in November that they would not be permitted to continuing serving in the military because of their HIV status. This is despite the fact that both were in treatment and had undetectable viral loads, making it virtually impossible for them to transmit the virus to others.

The discharges were part of a policy the Pentagon implemented last year colloquially known as “deploy or get out” (DOGO). It was an attempt to trim military personnel based on who was fit to serve across the globe at any given time. In the case of the two plaintiffs, they were deemed unfit to deploy despite supporting recommendations from medical personnel.

Judge Leonie Brinkema, a Clinton appointee, agreed the new policy discriminated against people with HIV. “Plaintiffs have made a strong and clear showing that defendants’ policies are irrational, outdated, and unnecessary and their decisions arbitrary, unreasoned, and inconsistent,” she wrote.

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The military, she explained, is operating “based on a flawed understanding of HIV” that is causing HIV-positive service members to be “irrationally and arbitrarily swept from the ranks.”

“Because of advances in medicine and science, HIV is no longer a progressive, terminal illness,” Brinkema wrote. Considering the medical expertise the plaintiffs brought forward, she noted that even if there is a sustained disruption to an HIV-positive service member receiving their medication, “an individual’s risk of transmitting HIV during military service remains vanishingly low.”

The military, by contrast, could not present any recorded cases of accidental HIV transmission on the battlefield.

Plenty of other medical conditions, including some that require regular medication, still allow for service members to be deployed. “There appears to be no reason why asymptomatic HIV is singled out for treatment so different from that given to other chronic conditions, all of which are subject to worsening upon disruption of daily medication,” the decision read.

Moreover, the military did not present a single expert of its own to justify the double standard. Brinkema chastised the military for citing a report that “contains no scientific data, evidence, or real-life accounts, but rather is a mere recitation of defendants’ policies.”

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In addition to the two plaintiffs, the LGBTQ military organization OutServe-SLDN also joined the lawsuit on behalf of several other service members who feared they might also be discharged based on their HIV status, and Brinkema agreed that the DOGO policy could potentially impact others.

The judge’s order enjoins the military from separating or discharging not only the plaintiffs, but any similarly situated active-duty member of the Air Force because of their HIV status.

This article was originally published at ThinkProgress on February 15, 2019. Reprinted with permission. 

About the Author: Zack Ford is the LGBTQ Editor at ThinkProgress.org, where he has covered issues related to marriage equality, transgender rights, education, and “religious freedom,” in additional to daily political news.

Trump’s transgender military ban met with backlash

Monday, August 28th, 2017

President Donald Trump signed a long-awaited directive Friday evening that bans transgender people from enlisting in the U.S. military and bans the Department of Defense from providing military treatment to current transgender service members. The directive follows an announcement Trump made on Twitter last month, blindsiding the defense secretary and the public more broadly — and like last time, there Trump was met with a wave of backlash.

A draft of this memorandum was reported on Wednesday, and there has been widespread criticism from trans activists, lawmakers, and current and former members of the military over the last few days.

“When I was bleeding to death in my Black Hawk helicopter after I was shot down, I didn’t care if the American troops risking their lives to save me were gay, straight, transgender, black, white, or brown,” Sen. Tammy Duckwork (D-IL) said in a statement on Wednesday.

“It would be a step in the wrong direction to force currently serving transgender individuals to leave the military solely on the basis of their gender identity rather than medical and readiness standards that should always be at the heart of Department of Defense personnel policy,” Sen. John McCain (R-AZ) also said in a statement on Wednesday. “The Pentagon’s ongoing study on this issue should be completed before any decisions are made with regard to accession. The Senate Armed Services Committee will continue to conduct oversight on this important issue.”

Chase Strangio, a staff attorney at the American Civil Liberties Union (ACLU), shared an essay from his brother on the ban. “This is not about politics,” he wrote. “This is not about military readiness or cost. This is a calculated decision to discriminate against an already vulnerable group of people, one that will have devastating effects for countless Americans.”

Chelsea Manning, perhaps the military’s most famous trans service member, said Trump was “normalizing hate” and questioned its timing.

Defense Secretary Jim Mattis will have wide discretion on whether transgender service members can continue to serve, and he has six months to develop a plan to implement Trump’s memorandum.

As ThinkProgress reported last month, Trump’s decision to ban transgender service members from the military was about electoral politics, using transgender people as pawns after congressional infighting over funding for a wall along the U.S.-Mexico border. The military currently spends ten times more on erectile dysfunction as it would on transgender medical care.

This article was originally published at ThinkProgress on August 26, 2017. Reprinted with permission.

About the Authors: Amanda Michelle Gomez is a health policy reporter at ThinkProgressAdrienne Mahsa Varkiani is a Senior Editor at ThinkProgress. Before joining the team at ThinkProgress, she served as an editor at Muftah Magazine and worked in the Iranian American community. Varkiani received her master of science in international relations from the London School of Economics and Political Science and her bachelor’s degree in international studies from American University in Washington, D.C.

Defense secretary reveals the trans military ban is in limbo

Tuesday, August 15th, 2017

Secretary of Defense James Mattis sent some mixed messages Monday when he stopped by the Pentagon newsroom to discuss President Trump’s intended ban on transgender personnel in the military—which the president announced via Twitter. At best, the proposal remains in limbo and is still being studied; at worst, it’s inevitably still coming.

The key takeaway Mattis revealed is that Trump has yet to actually issue anything other than a few tweets and public comments. “I am waiting right now to get the President’s guidance in and that I expect to be very soon,” he explained.

In the meantime, the military is continuing to study the issue, consistent with what Mattis announced when he agreed to delay the implementation of transgender recruitment by six months. The change to recruitment policy was initially set to take place July 1.”The policy is going to address whether or not transgenders [sic] can serve under what conditions, what medical support they require, how much time would they be perhaps non-deployable leaving others to pick up their share of everything,” Mattis said. “There’s a host of issues and I’m learning more about this than I ever thought I would and it’s obviously very complex to include the privacy issues which we respect.” The reference to “privacy” is not a good sign: it’s a talking point deployed by opponents of transgender equality.

Mattis seemed dismissive of the research that had already been done before his predecessor, Ash Carter, announced last summer that the ban on trans military service would be lifted—including a massive study by the RAND Corporation, one of the most respected military think tanks. “I’m not willing to sign up for the [Rand Corp.] numbers you just used, and I’m not willing to sign up for the concern any of [the transgender service members] have,” the secretary said. “And I’m not willing to prejudge what the study will now bring out.”

Mattis also noted that the decision has been impacted by the lack of political appointees overseeing personnel issues at the Pentagon. He wants to “get them in to be able to answer those questions” before the ban is implemented.

The secretary stood by comments made by General Joseph Dunford, Chairman of the Joint Chiefs, who said that nothing would change until Trump actually issued guidance, and “in the meantime, we will continue to treat all of our personnel with respect.” Mattis also said that his people were advising the White House, “but they write their own policy, of course.”

Besides his tweets, the only other comment Trump has made was at a press gaggle last week when he said that he’s doing the military “a great favor” by just implementing the ban and avoiding a “very complicated” and “very confusing” issue.

Asked about the haphazard way Trump announced the policy, Mattis defended the president. “You all elected—the American people elected—the commander-in-chief,” he said. “They didn’t elect me. So the commander-in-chief in our country, in our system of government, is elected by the people, and he has that authority and responsibility.”

In the meantime, thousands of transgender personnel, who are already serving and have not disrupted the readiness of the military, await news about the fate of their careers.

This article originally appeared at ThinkProgress on August 15, 2017. Reprinted with permission.

About the Author: Zack Ford is the LGBTQ Editor at ThinkProgress.org, where he has covered issues related to marriage equality, transgender rights, education, and “religious freedom,” in additional to daily political news. In 2014, The Advocate named Zack one of its “40 under 40” in LGBT media, describing him as “one of the most influential journalists online.” He has a passion for education, having received a Bachelor’s in Music Education at Ithaca College and a Master’s in Higher Education at Iowa State University, and he relishes opportunities to return to classroom settings to discuss social justice issues with students.

First Women Graduate from Fort Campbell Welding Program

Monday, June 6th, 2016

Kenneth QuinnellOne of the great benefits of joining the military is the opportunity to learn skills that benefit a soldier after their service is completed. Some soldiers, such as Specialist Tanya Preddy and Sergeant Alyssa Tamayo, prepare for careers that provide good jobs while breaking ground at the same time. Preddy and Tamayo just became the first women to graduate Fort Campbell’s Veterans in Piping program in Kentucky. Veterans in Piping is a program of the United Association (UA).

Preddy said: “I was pretty excited going into this, to be honest, because I mean, who wouldn’t be excited about making stuff with fire,” she joked. “That’s awesome to me. I’d never welded before this class, ever. I just thought it would be really cool and fun.”

“I think the guys were surprised to see us [in the classroom],” Tamayo added. “A lot of people think welding is just for men and with us being the first two females at Fort Campbell ever, in the back of my mind I was thinking ‘I have to beat everybody in here.’ I just felt like I had to be perfect.”

Read the full story.

This blog originally appeared in aflcio.org on June 4, 2016. Reprinted with permission.

Kenneth Quinnell is a long time blogger, campaign staffer, and political activist.  Prior to joining AFL-CIO in 2012, he worked as a labor reporter for the blog Crooks and Liars.  He was the past Communications Director for Darcy Burner and New Media Director for Kendrick Meek.  He has over ten years as a college instructor teaching political science and American history.

This Veterans Day

Wednesday, November 11th, 2015

grace baehrenThis Veterans Day we’d like to take a moment to thank all veterans for their service and sacrifice for our country. In turn, we’d like to make sure that veterans are aware of their rights in the civilian workplace. At the federal level, the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the main source of protections for veterans in the civilian workplace.

USERRA has two main goals:

  • To ensure that veterans seeking civilian employment can do so free from discrimination because of their service; and
  • That should a veteran need to take military leave — or is activated from reserve to active duty status – they can retain their civilian employment and benefits.

Generally, a veteran is eligible for USERRA benefits if they left a civilian job to perform military service and:

– Have given prior written or verbal notice of the military leave to their civilian employer;

– Have 5 years or less of cumulative service during the employment relationship with the civilian employer;

– Have been released from service under conditions other than dishonorable;

– And return to work, or apply for reemployment, at their civilian job in a timely manner after the completion of service.

For more information on veterans’ rights under USERRA and how to enforce these rights, see our page on military leave.

Additionally, it is important to know your state’s laws on military leave. While some state laws merely reinforce the USERRA benefits, others include additional benefits for veterans. To view the applicable laws for your state, see our State Laws on Military Leave page.

Finally, veterans should be aware of the Vietnam Era Veterans’ Readjustment Act (VEVRAA), which provides additional protections to “protected veterans” who are employed by federal contractors. Protected veterans are defined to include disabled veterans and veterans who are recently separated (are within the initial 3 year period after discharge or release from active duty). VEVRAA makes it illegal for federal contractors to discriminate against protected veterans in employment decisions and further requires that federal contractors take affirmative action to recruit, hire, and promote protected veterans. For more information on VEVRAA see this fact sheet from the Department of Labor’s Office of Federal Contractor Compliance Programs.

About the Author: The author’s name is Grace Baehren. Grace Baehren is a student at The University of Hawaii’s William S. Richardson School of Law and an intern at Workplace Fairness.

This week in the war on workers: New Balance presses the Pentagon to move on US-made sneakers

Wednesday, July 15th, 2015

Laura ClawsonBuying American-made products is a good way to support jobs. If you’re looking for American-made shoes, New Balance is one of your major options. And the shoe company is pushing the U.S. military on that:

Massachusetts-based shoe company New Balance says that the military is dragging its feet on a promise it made to outfit soldiers with American-made shoes.  The promise came in April of 2014 when the military announced it would honor the Berry Amendment, a 1941 law requiring the Department of Defense (DoD) to give priority to American goods.  The Department of Defense had previously argued that sneakers were not part of the official uniform and therefore not subject to the Berry amendment.More than a year later it seems little progress has been made. New Balance claims retaliation while the military claims the transition is moving at an acceptable speed. Other apparel companies who have done business with the DoD have come to the military’s defense using the backhanded compliment that they really do move that slow.

(That second paragraph seems like it belongs in a “this week in weak defenses” round up.) Sneakers by New Balance are undergoing an extensive testing process now; Saucony says it’s working on a sneaker that might ultimately be used by the military.

This blog was originally posted on Daily Kos on July 11, 2015. Reprinted with permission.

About the Author: The author’s name is Laura Clawson. Laura has been a Daily Kos contributing editor since December 2006 and Labor editor since 2011.

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