Stop the American Legion from Discriminating Against Disabled Veterans
- by: Phillip Gray
- recipient: American Legion
I am a Disabled Vietnam Veteran. I served with honor as a Combat Medic during the Vietnam War, but now I am a professionally trained and experienced bartender. After applying for a bartender position at the American Post 470 in Fishers, IN, I discovered that the American Legion discriminates in their hiring practices based on gender but, even more outrageous, they discriminate against Disabled Veterans as well. I discovered that the American Legion Post 470 hired two FEMALE bartenders which were much less qualified than I was and neither were Disabled Veterans. This statement is NOT just my belief, Post 470%u2019s Commander, Mike Beaumont, told me himself that the two bartenders they hired were less qualified than I was. Further, once I had informed the American Legion of Indiana Headquarters, they not only did not seem a bit concerned of this, but they even told me to %u201Cgrin and bear it%u201D and that they could discriminate when ever they so desired. One individual with the Legion Headquarters told me that discrimination was a way of life and I should not be complaining about it. Another told me that the Legion Headquarters did not get involved in Post affairs and that it was none of their concern if I was discriminated against, even if the discrimination was due to my status as a Disabled Vietnam Veteran. And, finally, one other individual with the State Legion Headquarters stated I should not hold the entire American Legion accountable for this one incident of discrimination, basically admitting the allegation. Let%u2019s examine that statement for a minute: not a single person at any post, State headquarters, or National Headquarters bothered to do anything about the discrimination, not even bothering to discover if discrimination took place. Remember, not a single person, of the over 800 people I contacted, ever denied that discrimination against Disabled Veteran, they simply berated me for complaining about it. So, doesn%u2019t that indicate that the ENTIRE American Legion participated in the discrimination and, therefore, should not the entire American Legion be held accountable.
Now here is the kicker. Most bars, nightclubs, and restaurants discriminate, usually based on gender, in their hiring practices. But the American Legion states we supports Veteran issues, but then discriminates against Veterans and Disabled Veterans in their hiring practices. The same people that claim they support Veterans, but then discriminates against them in their hiring practices at their Legion Posts. Note: not one person, from the FEAMALE bar manager, to the Post Commander, to the highest levels of the Indiana American Legion and the National Headquarters of the American Legion ever denied the discrimination, they just said that they are ALLOWED to discriminate against whom ever and when ever they so desire. Go to any American Legion Post you choose and you%u2019ll most likely see a female standing behind the bar in over 95% of the cases. Now if you compare this percentage to the fact that over 95% of Veterans are male, then the math shows how more than 90% of American Legion Bartenders are not Veterans. And even another kicker, the State of Indiana allows discrimination if you are a non-profit organization or if you employ less than 6 people. In other words, the State of Indiana grants licenses to places to discriminate, if you are a non-profit organization or employ less than 6 people. The same holds true for Federal Civil Rights Laws, except the number of employees is increased to 15. So, if you are a non-profit organization, like the American Legion, or if your business employs less than 6 people (15 for Federal Laws), then you can discriminate on any basis you so desire. If you don%u2019t want African Americans working for you, then you can refuse to hire them based on their race, according to both the State of Indiana and the US Government. You are granted a license, in fact, to deny employment based on any factor you so desire, be it based on race, sex, disability, age (for that matter Indiana doesn%u2019t list age as a protected class), or national origin. I have to wonder how many of our elected representatives in Indiana own business that employ less than 6 people and have made the law this way so they can discriminate.
I have brought this matter the attention of over 300 Officers within the American Legion and, to date, not a single one has bothered to even investigate this matter. Instead, the responses I have received have only served to berate and belittle me. Just think, other Veterans have chosen to abandon a fellow Veteran and, which is even more distasteful, continued to support an organization that allow, condones, and even encourage discrimination against Disabled Veterans within their own ranks.
The American Legion collects millions of dollars every year on the idea that they support Veterans and Veteran Affairs, while all the time allowing discrimination against Disabled Veterans within their own ranks. To me they are guilty of receiving donations under false pretenses.
Do you really want to support an organization that discriminates against Disabled Veterans.
Here is the address of the American Legion Dept. of Indiana
The American Legion Dept. of Indiana
Attn: Commander Leland Baxter
777 N Meridian St.
Indianapolis, IN 46204
317-630-1300
National American Legion Headquarters
Attn: National Commander Jimmie Foster
700 N. Pennsylvania St.
Indianapolis, IN
317-630-1200
jfoster@legion.org
http://www.indlegion.org/
We, the undersigned, implore the American Legion to take the allegations of discrimination in their Posts seriously and to investigate all allegations of discriminatory hiring practices within your own ranks.
It has been brought to my attention that a case of discrimination against a Disabled Veteran has occurred within your own ranks. It has also been stated that the American Legion Department of Indiana and the National Headquarters of the American Legion has refused to even bother to investigate this allegation. If you are going to claim you support Veterans, then why are you not concerned over the possibility of discrimination against Disabled Veterans. It has also been suggested that more than 90% of your Post Bars (Canteens) either have a preference to hiring female bartenders or exclusively hire only female bartenders. This, sir, is a violation of Federal Civil Rights Laws and should be stopped without delay. If you are going to claim you "support and defend the Constitution of the United States" then you must first obey the Civil Rights Laws. I am aware that Federal Civil Rights Laws create an exemption for non-profit organizations, however that should not be taken as a license to discriminate. I implore you to conduct a full investigation of the charges made against the Posts of the Department of Indiana and, if found to be true, offer compensation to any individual discriminated against. Further, every American Legion Post should be informed that discriminatory hiring practices will not be tolerated and all Posts will conduct
You should also incorporate within your Constitution and Bylaws the following:
1.) Discrimination in any form for any hired position will not be tolerated by the American Legion and doing so could be considered Conduct Unbecoming a Legionnaire.
2.) In all hiring positions the policy will be to "hire the Vet first", assuming the Veteran is otherwise qualified. In hiring for any position within the American Legion the following standard will be followed:
A.) Former POWs
B.) Disabled Veterans
C.) Veterans
D.) Active Duty Persons
E.) National Guard or Active Reserve persons
F.) Everyone Else
3.) Reports of discriminatory hiring practices will be investigated by the State Adjutant and a full hearing on any such allegation will be held at the State Level. The State will file with its' findings with the National Adjutant upon conclusion of any investigation and hearing on the allegation. If any involved person is not satisfied with the results of the State's investigation or finding, an appeal to the National American Legion Adjutant will be filed. At that time the National American Legion Adjutant will conduct an independent investigation on the allegations and conduct a full hearing on the allegations.
4.) if allegations of discrimination are found to have merit, the offending Post will take the following actions:
A.) Dismissal of the individual responsible for the discriminatory action.
B.) Compensation will be paid to the individual by the post for lost earnings due to the discrimination, along with damages amounting to 10 times the lost earnings, or higher amount if ordered by the State or National hearing Officer.
C.) If the offending party is a member of the American Legion, then their membership must be suspended and the Post will conduct a hearing to determine if the offending Member's membership should be permanently revoked for Conduct Unbecoming a Legionnaire.
If the American Legion is going to claim they support Veterans, then instituting the policies noted above will greatly enhance this claim. Further, since the American Legion claims to support the Constitution of the United States of America, then incorporating Civil Rights within you own Constitution and Bylaws would be more consistent with you claim of supporting the Constitution. As a non-profit organization that is basically exempt from Federal Civil Rights Laws that makes itself subject to these laws would show all Americans that all non-profit organizations should adhere to all Civil Rights Laws.
Thank you for your time in reading this letter, it is my hope that you will take this issue to heart and do what you know is right as Americans.
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