Protected Class Status for Veterans

 J. Eldon (Jer) Yates, MA                                       Douglas Herrmann, PhD
 Vietnam Veterans Institute                              College Educators for Veterans
                                                                                         Higher Education

Discrimination against veterans has legal, ethical and moral implications.   Admiral John E. Gordon* recently addressed all three of these implications in his October presentation about the possible protected class status of veterans.  The two authors of this white paper cannot address the legal implications of the possible protected class status of veterans because we do not have the appropriate legal background.  However, as veterans we have legitimate views of the ethical and moral implicates of such status.  

             Below we share our views in order to indicate our support to Admiral Gordon’s arguments in favor of the protected class status for veterans.  We address current protected class status, the possibility of such status of other groups, and then the ethical and moral reasons for providing protected class status to veterans.

             Protected Class Status for Different Groups in General.  Females, minority races, and those who practice minority sexual preferences are currently protected against discrimination.  No doubt there are people who belong to other groups that need legal protection against discrimination.   The poor, obese, deformed, obviously ill, are among the people who are also discriminated against on the basis of their characteristics.

             Discrimination Against Veterans.  Veterans constitute another group that is discriminated against.  However, veterans differ from other groups because veterans constitute the only group that protects the freedom of all the other groups.  Ethically, veterans deserve protected class status on ethical and moral grounds.       Anyone who is discriminated against on the basis of membership in a group has encountered a practice that is unethical because it is unfair.   Unfair discrimination need not be intentional to be unfair.   Rosa Parks was directed to sit in the back of a bus by people who did not recognize that their behavior was intentionally unfair.   So, while it is currently legal for people in academia to discriminate against students who are veterans, such discrimination is unfair in the same way that discrimination against other groups is unfair in principal and legally unfair if the discrimination involves the current protected classes is unfair. 

             Anyone who is discriminated against on the basis of membership in a group has encountered a practice is immoral in violating the “golden rule.”  Thus, discrimination against veterans is immoral in this sense.  In addition, it is immoral to discriminate against veterans for a second reason that does not apply to any other group, including the current protected classes.  Veterans have the characteristic of having devoted part of their life to protecting all groups in American society through serving in the military. 

             Participation in the military involves risk.   Some veterans acquire disabilities from service in peacetime.   Others acquire disabilities from service during war.   If someone saved someone from drowning in a public pool, we would admire the behavior of such a hero.   If someone ignores a drowning person, this person’s behavior would be regarded as immoral.  Veterans (including servicemembers) stand ready to save the endangered person.  Thus, ignoring the contribution of veterans is immoral.   Awarding protection to those who are saved but not to actual or potential saviors is doubly immoral.

             Few colleges and universities have policies that protect veterans from discrimination.    At least one study indicated that no more than 10% held any policy of any strength against discrimination.   Higher education might choose to establish a policy that prohibited discrimination at any higher educational institution.   However, as Admiral Gordon has pointed out, enforcement of such a policy would be difficult to administer.   If we want to keep our veterans from being subjected to discrimination in higher education, or in society in general, a law should be established that protects veterans as a class from discrimination. 

 We call on our fellow Veterans Organizations to join our effort to support and foster legislation to assure protected class status for Veterans of the Armed Forces of United States of America.

 *Gordon, J. E. (2009) Protected Class Status and Veterans. Presented at the   

          Conf erence for Improving the College Education of Veterans.  College

          Educ ators for Veterans Higher Education, At the Servicemembers

Rear Admiral Gordon retired from the US Navy after having served in several senior positions. He was the Judge Advocate General of the Navy from 1990 to 1992. He had previously served as the Deputy Judge Advocate General of the Navy and as the Commander of the Navy Legal Services Command. From 1987 to 1989 Radm Gordon was the Commander of the Naval Security Investigative Command, where he served simultaneously as the Director of the Naval Investigative Service and as the Assistant Director of Naval Intelligence for Counterintelligence. During these assignments Radm Gordon supervised much of the conduct of the largest Government criminal procurement investigation, Ill Wind, and the investigation into the Marine Corps Security Guard involvement in allowing Soviet agents access to the US Embassy in Moscow. Both investigations resulted in substantial criminal convictions. From 1986 to 1987 Radm Gordon was the Deputy Assistant Secretary of Defense (Legislative Affairs) for Defense Secretary Casper Weinberger.