The United States Department of Defense Military Equal Opportunity (MEO) Program is the equal employment opportunity program of the United States Department of Defense. It prohibits unlawful discrimination on the basis of "race, color, national origin, religion, sex (including gender identity), or sexual orientation." [1] [2] [3] [4]
Title IX is the most commonly used name for the federal civil rights law in the United States of America that was passed as part of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. This is Public Law No. 92‑318, 86 Stat. 235, codified at 20 U.S.C. §§ 1681–1688. The early legislative draft was authored by Representative Patsy Mink with the assistance of Representative Edith Green. It was then co-authored and introduced to Congress by Senator Birch Bayh in the U.S. Senate, and Congresswoman Patsy Mink in the House. It was later renamed the Patsy T. Mink Equal Opportunity in Education Act following Mink's death in 2002. When Title IX was passed in 1972, only 42% percent of the students enrolled in American colleges were female.
Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault. Harassment can occur in many different social settings such as the workplace, the home, school, churches, etc. Harassers or victims may be of any sex or gender.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) personnel are able to serve in the armed forces of some countries around the world: the vast majority of industrialized, Western countries including some South American countries such as Argentina and Chile in addition to South Africa, and Israel. The rights concerning intersex people are more vague.
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review and strict scrutiny.
Lesbian, gay, bisexual and transgender (LGBT) rights in the United States have increased significantly over time, and are socially liberal relative to most other nations. However, LGBT people in the USA may face some legal challenges not experienced by non-LGBT residents. Until 1962, all 50 states criminalized same-sex sexual activity, but by 2003 all remaining laws against same-sex sexual activity had been invalidated. Beginning with Massachusetts in 2004, LGBT Americans had won the right to marry in all 50 states by 2015. Additionally, in many states and municipalities, LGBT Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations.
Equal employment opportunity is equal opportunity to attain or maintain employment in a company, organization, or other institution. Examples of legislation to foster it or to protect it from eroding include the U.S. Equal Employment Opportunity Commission, which was established by Title VII of the Civil Rights Act of 1964 to assist in the protection of United States employees from discrimination. The law was the first federal law designed to protect most US employees from employment discrimination based upon that employee's race, color, religion, sex, or national origin.
The under secretary of defense for personnel and readiness, or USD (P&R) is a high-ranking civilian position in the Office of the Secretary of Defense (OSD) within the United States Department of Defense responsible for advising the secretary and deputy secretary of defense on recruitment, career development, pay and benefits, and oversight of the state of military readiness. The under secretary is appointed from civilian life by the president and confirmed by the Senate to serve at the pleasure of the President.
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories." The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
Executive Order 13087 was signed by U.S. President Bill Clinton on May 28, 1998, amending Executive Order 11478 to prohibit discrimination based on sexual orientation in the competitive service of the federal civilian workforce. The order also applies to employees of the government of the District of Columbia, and the United States Postal Service. However, it does not apply to positions and agencies in the excepted service, such as the Central Intelligence Agency, National Security Agency, and the Federal Bureau of Investigation.
The United States military formerly excluded gay men, bisexuals, and lesbians from service. In 1993, the United States Congress passed, and President Bill Clinton signed a law instituting the policy commonly referred to as "Don't ask, don't tell" (DADT) which allowed gay, lesbian, and bisexual people to serve as long as they did not reveal their sexual orientation. Although there were isolated instances in which service personnel were met with limited success through lawsuits, efforts to end the ban on openly gay, lesbian, and bisexual people serving either legislatively, or through the courts initially proved unsuccessful.
The Defense Equal Opportunity Management Institute (DEOMI) is a U.S. Department of Defense joint services school and research laboratory located at Patrick Space Force Base, Florida, offering both resident and off-site courses, and working in areas of equal opportunity, intercultural communication, religious, racial, gender, and ethnic diversity and pluralism. Courses and research are meant to support the readiness of civilian and military personnel working with the American armed forces.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Nebraska may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Nebraska, and same-sex marriage has been recognized since June 2015 as a result of Obergefell v. Hodges. The state prohibits discrimination on account of sexual orientation and gender identity in employment and housing following the U.S. Supreme Court's ruling in Bostock v. Clayton County and a subsequent decision of the Nebraska Equal Opportunity Commission. In addition, the state's largest city, Omaha, has enacted protections in public accommodations.
The topic of same-sex unions and military service concerns the government treatment or recognition of same-sex unions who may consist of at least one servicemember of a nation's military.
LGBT employment discrimination in the United States is illegal under Title VII of the Civil Rights Act of 1964; employment discrimination on the basis of sexual orientation or gender identity is encompassed by the law's prohibition of employment discrimination on the basis of sex. Prior to the landmark cases Bostock v. Clayton County, Georgia and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (2020), employment protections for LGBT people were patchwork; several states and localities explicitly prohibit harassment and bias in employment decisions on the basis of sexual orientation and/or gender identity, although some only cover public employees. Prior to the Bostock decision, the Equal Employment Opportunity Commission (EEOC) interpreted Title VII to cover LGBT employees; the EEOC determined that transgender employees were protected under Title VII in 2012, and extended the protection to encompass sexual orientation in 2015.
The United States Veterans Health Administration (VHA) has a lesbian, gay, bisexual and transgender (LGBT) Program through the Office of Patient Care Services. However, VHA does not currently collect data on veteran’s sexual orientation or gender identity. There are estimated to be more than one million LGBT Americans who are military veterans. If LGBT veterans use VHA at the same rate as non-LGBT veterans, there could be more than 250,000 LGBT veterans served by VHA. Using diagnostic codes in medical record data, Blosnich and colleagues found that the prevalence of transgender veterans in VHA (22.9/100,000) is five times higher than reported prevalence of transgender-related diagnoses in the general population (4.3/100,000). Brown and Jones identified 5,135 transgender veterans receiving care in VHA using a broader set of diagnostic codes. Brown also notes that this methodology fails to identify transgender veterans who have not disclosed their gender identity to providers, those who don’t meet criteria for a diagnosis, or veterans who get their transition-related care outside of the VHA.
There have been women in the United States Marine Corps since 1918, and women continue to serve in the Corps today. As of 2020, women make up 8.9% of total active duty Marines. These numbers give the Marine Corps the lowest ratio of women in all of the U.S military branches. Women's presence in the Marine Corps first emerged in 1918 when they were permitted to do administrative work in an attempt to fill the spots of male Marines fighting overseas. It was not until 1948 that women were able to become a permanent part of the Corps with the passing of the Women's Armed Services Integration Act. However, even with the Integration Act, women were still banned from certain military occupation specialties. It was not until 2016 that Defense Secretary Ash Carter announced that all military occupations would be open to women without exception. As of 2018, there were 18 women serving in the Marine Corps combat arms. In December 2020, the Marine Corps Recruit Depot San Diego agreed to join the Marine Corps Recruit Depot Parris Island in accepting female recruits, with 60 female recruits starting their boot camp training at the San Diego depot in February 2021. 53 of these recruits would successfully graduate from boot camp in April 2021 and become Marines.
This article addresses the legal and regulatory history of transgender and transsexual people in the United States including case law and governmental regulatory action affecting their legal status and privileges, at the federal, state, municipal, and local level, and including military justice as well.
In the past most lesbian, gay, bisexual, transgender, and queer (LGBTQ) personnel had major restrictions placed on them in terms of service in the United States military. As of 2010 sexual orientation and gender identity in the United States military varies greatly as the United States Armed Forces have become increasingly openly diverse in the regards of LGBTQ people and acceptance towards them.
This overview shows the regulations regarding military service of non-heterosexuals around the world.
The Trump trans soldier exclusion took effect with the Directive-type Memorandum-19-004 signed by David L. Norquist of the United States Department of Defense. The DTM banned most transgender individuals from serving or enlisting in the United States Armed Forces and applied to all organizational entities in the Department of Defense and the United States Coast Guard.