It is widely believed that employment discrimination against military spouses is perfectly legal. As a practical matter, however, discrimination against military spouses violates federal and state anti-discrimination statutes. Due to characteristics of military spouses as mostly female, on average more educated, and more ethnically diverse than civilian counterparts, employers who treat military spouses less favorably may find themselves in violation of Title VII, Section 1981, or various other anti-discrimination statutes. Title VII claims may be based on discriminatory treatment or disparate impact theories of proof. A claim of discriminatory treatment can be based on pure sex- or race-based stereotyping, a mixed motive theory, protected status “plus” discrimination, or a pattern or practice suit. Discrimination against military spouses can also constitute illegal disparate impact by having an impermissible discriminatory effect on women or minorities. Issues of proof are foreseeable for disparate impact cases involving military spouses due to sparse statistically significant data. Some efforts have been made at alleviating the effects of military spouse discrimination. However, the most effective means of solving the problem lies in amending the Uniformed Services Employment and Reemployment Act (USERRA) to include spouses in employment protections for military members.
|Advisor:||Craver, Charles B., Thornton, Karen|
|School:||The George Washington University|
|School Location:||United States -- District of Columbia|
|Source:||MAI 57/04M(E), Masters Abstracts International|
|Subjects:||Law, Labor economics, Labor relations, Military studies|
|Keywords:||Discrimination, Employment, Labor, Military, Spouse, USERRA|
Copyright in each Dissertation and Thesis is retained by the author. All Rights Reserved
The supplemental file or files you are about to download were provided to ProQuest by the author as part of a
dissertation or thesis. The supplemental files are provided "AS IS" without warranty. ProQuest is not responsible for the
content, format or impact on the supplemental file(s) on our system. in some cases, the file type may be unknown or
may be a .exe file. We recommend caution as you open such files.
Copyright of the original materials contained in the supplemental file is retained by the author and your access to the
supplemental files is subject to the ProQuest Terms and Conditions of use.
Depending on the size of the file(s) you are downloading, the system may take some time to download them. Please be