EMPLOYMENT DISCRIMINATION AGAINST MILITARY SPOUSES: A CASE FOR ILLEGALITY CONTRARY TO POPULAR BELIEF AND PRACTICE

摘要

Military spouses are a group who encounter pervasive employment discrimination by virtue of their marital partners' military service to the United States. As shown herein, current anti-discrimination protections address military service, but offer no aid to spouses. However, because of the unique characteristics of military spouses, they are in fact indirectly protected under current law. The vast majority of military spouses are women. Their racial composition is often more diverse than their surrounding communities and the labor market. Military spouses are also on average more educated and qualified than their civilian counterparts in the labor market. This makes comparison to less qualified applicants easier. Discrimination claims often involve proving that the claimant was better qualified than the person selected. Military spouses, by virtue of their characteristics, are better able to prove this point.