Thursday, April 6, 2017

The Evolution of "non-Equal" Employment Opportunity in the US Military

As the momentum continues to build for victims of Military - Sexual Assault, Rape, and Sexual Discrimination, seeking fair justice in their Cause(s), you have to wonder, "Why haven’t the survived victims decided to “re-challenge,” the Defense Secretary for blatant Violations of their Civil Rights and Human Rights?!"

Nonetheless, they are members of a "Protective Class" and there is no statute of limitations for the heinous crimes committed against them.

As I near the 1-Year anniversary of WINNING my Pro Se Civil Action Case against the Secretary of the Navy, Raymond Mabus, for Retaliation, Sexual and Racial Discrimination; arguably Human and Civil Rights Violations, I was pleased to have set a legal precedent for each of the victims, should they ever decide to challenge the Armed Forces Secretaries for Whistleblower Retaliation, after reporting crimes committed against them, by their superiors, only to later become a victim of workplace retaliation, and other Civil Rights violations!!  

As ridiculous as it may sound, that you will be punished – should you encounter rape, sexual assault or discrimination – and decide to report the crime committed against you, only to become a targeted victim of more heinous crimes?!   Yes, we are living in a backward world!!

This was the unfortunate fate of thousands of military Veterans, who faced decades of ongoing Civil Rights violations.  During the early years of my Navy career, I witnessed brutal crimes committed against male victims of “sexual orientation discrimination," under the "Don't Tell," Era.   Thanks to President Obama for lifting the "Don’t Ask, Don’t Tell," military ban,  members of the LGBT community can now openly serve their country, without fear of reprisal or retaliation.  

When President Obama first repealed the “DADT Act,” I was facing discrimination issues of my own, but that chapter of my life is long past.  No need of dredging up the past if it no longer serves me for the purposes of "Good, or Fair and Equal Justice.”  Yet for the thousands of victims of sexual orientation and sex crimes, who have been able to have their military service records expunged, “I salute you!” for WINNING your Fight for Justice!!  And should the need arise to continue your legal battles outside the military, don't be afraid to challenge their injustices in the United States Federal District Court for the District of Columbia. 

As I move forward along my personal journey of Spiritual Healing,  I will offer our lawmakers one final bit of professional advice, “When you decide to champion the “cause” of  military Veterans, someone that has already been “Tried, Proven and Tested”, beyond the ability to “debate” the Constitution, and its Amendments, try putting yourselves in our shoes; feel our pain and suffering, and don’t use our issues as a competitive advantage over your colleagues or for lucrative financial gain!!”

Of all the Congressional members on Capitol Hill, very few speak from a Heart of Compassion.  Yet when I have a free moment away from my Spiritual meditation, to watch the ongoings around the DC beltway, the only Senator that seems to capture my attention for his compassionate Spirit is, Senator Bernie Sanders!!  Bernie always manages to warm my heart to remind me that there is still a Ray of Hope, and all it takes is one Mustard Seed to move a mountain.  Thanks, Bernie!!!  <3 <3 <3

Useful Information:

The Civil Rights Act of 1964 outlawed major forms of discrimination against African Americans and women, including racial segregation the act was later amended prohibiting discrimination on the basis of race, color, religion, sex, national origin, disability, or age, it also prohibits sex discrimination in the workplace.

Title VII of the CRA created the Equal Employment Opportunity Commission (EEOC) to implement the law, which is managed by the Secretary of Labor.

Unfortunately for military personnel, the Secretary of Defense was granted the authority to establish and manage the military’s Equal Employment Opportunity program, which is independent of the Secretary of Labor

After the passage of the 1964 CRA, President Johnson issued: 
EXECUTIVE ORDER No. 11246; September 28, 1965, 30 F.R. 12319 - EQUAL EMPLOYMENT OPPORTUNITY

Which states:


Section 101. 
It is the policy of the Government of the United States to provide equal opportunity in Federal employment for all qualified persons, to prohibit discrimination in employment because of race, creed, color, or national origin, and to promote the full realization of equal employment opportunity through a positive, continuing program in each executive department and agency. The policy of equal opportunity applies to every aspect of Federal employment policy and practice.

Sec. 102. 
The head of each executive department and agency shall establish and maintain a positive program of equal employment opportunity for all civilian employees and applicants for employment within his jurisdiction in accordance with the policy set forth in Section 101.

This law is pretty much null and void for military workplace abuse victims because senior military officials are granted executive authority to investigate themselvessimilar to the 1950 Feres Doctrine, which prohibits military veterans from being able to sue the federal government for negligence, even if they were abused by a superior and subsequently suffered from a disability as a result of their workplace abuse or medical malpractice.

No comments: