Repeal of “Don’t Ask, Don’t Tell” Employment Policy
On December 22, 2010 President Obama signed a bill repealing the U.S. Department of Defense policy barring those who are openly lesbian, gay, or bisexual from military service. This policy, known as “Don’t Ask, Don’t Tell (DADT)” violates the University of Maryland School of Law’s non-discrimination policy, which prohibits discrimination on the basis of race, color, gender, religion, age, ethnic origin, sexual orientation, or disability in any stage of employment. In connection with DADT, the law under the Solomon Amendment threatens the loss of the University’s federal funding if the School of Law bans military recruitment on-campus. As a result of this, the School has permitted military recruitment on campus, despite objections to federally mandated employment discrimination. While the bill signed in December repeals DADT, the statute gives the military discretion over the timing of the repeal’s implementation. Thus, until the repeal is implemented, DADT and the Solomon Amendment remain in effect, and the School’s CDO will permit military recruitment on campus to prevent the loss of funding to the University. During this time, we also will continue supporting initiatives that help ameliorate the effect of this discrimination on our students. We in the CDO will monitor this situation as it continues to evolve. We also remain hopeful that in the near future, the Department of Defense will end its discrimination in hiring and consider the eligibility of all candidates, regardless of sexual orientation, who wish to serve in the military. Please contact the CDO with any questions on this issue at . Solomon Amendment Overview.
Military Discrimination in Hiring
U.S. Department of Defense military employment practices discriminate against applicants on the basis of sexual orientation. The Military’s hiring practices violate the University of Maryland School of Law’s nondiscrimination employment policy and Section 6-3(b) of the AALS Bylaws. Military recruiters are allowed to recruit on campus because federal law, the Solomon Amendment, requires schools to provide recruitment services to military recruiters. Failure to comply with the Solomon Amendment exposes the University of Maryland, Baltimore campus to the potential loss of federal funds. Therefore, while the Solomon Amendment compels the University of Maryland School of Law to permit military recruitment on campus, the School of Law does not support or promote discrimination on the basis of race, color, ethnic origin, gender, disability, religion, or sexual orientation.