Fig. 11.1
Organizational structure
The identified mission of the ODI is to build a diverse workforce and to cultivate an inclusive workplace to deliver the best services to our nation’s veterans, their families, and beneficiaries.
Identified as its vision, it states that the VA is a leader in creating and sustaining a high-performing workforce by leveraging diversity and empowering employees to achieve superior results in service to our nation and its veterans (Department of Veterans Affairs 2015).
Focus on the LGBT Elder Veteran Community
It has been estimated that 9 million Americans identify as LGBT (Gates 2011). It has also been approximated that 1.5 million adults, aged 65 or older, are LGB (no transgender estimate provided) (Movement Advancement Project) (MAP), Services and Advocacy for Gay, Lesbian, Bisexual, and Transgender Elders (SAGE), the Center for American Progress (CAP), and LGBT Older Adults: Facts At A Glance (National Academy on an Aging Society (GSA) and SAGE (2011). It should be noted, however, that estimates of the LGBT population may vary depending upon measurement methods and consideration of those who may not self-identify as LGBT due to societal stigma. Gates (2010) estimated in a report to the National Center for Transgender Equality that there are 70,871 LGBT individuals currently serving in the US military and over 1,000,000 veterans who are LGBT. Though the number of transgender service members and veterans is notoriously difficult to count, the National Center for Transgender Equality estimates that transgender individuals are twice as likely to join the US military compared to the general population.
The Department of Veterans Affairs states a commitment to a diverse workforce and an inclusive healthcare delivery environment. We understand that diversity and inclusion are essential for a high-performing organization that delivers the best service to our veterans. The LGBT community is an integral aspect of our human diversity. To that end, VA has implemented several policies and programs over the last few years that specifically address the needs and concerns of the LGBT community (Frazer 2009; Department of Veterans Affairs 2013, Movement Advancement Project 2009, 2010a, b, National Institute of Drug Abuse 2015; National Institute of Mental Health 2015). Since 2009, VA has included equal employment opportunity protections for employees on the basis of sexual orientation in the Secretary’s Annual EEO, Diversity, and No Fear Policy Statement, which added protections based on gender identity and parental status as well. To complement this, the Department of Veterans Affairs developed and implemented an internal complaint process to provide employees with an internal avenue of redress for complaints based on these areas:
VA will not tolerate discrimination or harassment on the basis of race, color, religion, national origin, sex, pregnancy, gender identity, parental status, sexual orientation, age, disability, genetic information, or retaliation for opposing discriminatory practices or participating in the discrimination complaint process. This applies to all terms and conditions of employment, including recruitment, hiring, promotions, transfers, reassignments, training, career development, benefits, and separation.
While sexual orientation, genetic information, parental status, marital status, and political affiliation are not listed as protected bases in Title VII of the Civil Rights Act, discrimination on these bases is strictly prohibited by VA. Complaints of discrimination filed on these bases will be processed according to the aforementioned Federal EEO complaint process up to and through the investigation stage of the EEO process. The VA Office of Employment Discrimination Complaint Adjudication will issue a Final Agency Decision on the merits of the claim within 60 days of its receipt of the complaint file. Complaints filed solely on this basis will not proceed to the US Equal Employment Opportunity Commission. Other avenues of redress available to raise a claim of discrimination based on sexual orientation, gender identity, or parental status include the negotiated or administrative grievance procedure. Both permit claims of discrimination, and if otherwise appealable, raising the matter with the Office of Special Counsel and/or the Merit Systems Protection Board if the claim of discrimination is coupled with adverse impact and/or prohibited personnel practices. Although a discrimination allegation may be raised with these avenues, it does not constitute initiation of a complaint through this internal complaint process, and it does not extend the 45-day time limited to initiate such complaint with the VA Office of Resolution Management.
The VA Office of Diversity and Inclusion (US Department of Veterans Affairs 2014) is leading the effort to increase education and awareness of the LGBT community by establishing a formal LGBT special emphasis program. To enhance that program, an LGBT employee resource group under the auspices of the VA Diversity Council was also established. ODI holds annually nationally broadcast VA-wide LGBT Observance Program in Washington, DC, in June focusing on LGBT veterans. Additionally, we are developing cultural competency training in this area for employees, supervisors, and managers, throughout the VA system.
In the area of healthcare delivery, the VHA is committed to a patient-centered approach that organizes services around the needs and values of the LGBT veterans . To that end, in 2010, VA issued a policy statement last June providing for patient visitation rights in support of the needs of LGBT family members. Last June, VHA issued a policy directive on respectful delivery of health care to transgender and intersex individuals and is currently providing training for healthcare providers on services for transgender veterans. In 2013, VA’s commitment to LGBT health care resulted in 120 VA’s participating in the Human Rights Campaign (HRC) Health Equity Index (HEI) almost 80 %, which was voluntary participation. An impressive 91 of those facilities reporting or 76 % were awarded HEI 2013 Equality Leader status.
Meta-Analysis of Elder LGBT Veterans and Military Personnel
Elder LGBT must begin with understanding the incidence and prevalence rates for the presence of LGBT military and veterans in our society. The Department of Veterans Affairs’ Office of Diversity and Inclusion (ODI) estimates suggest that more than 36,000 gay men and lesbians are serving in active duty, representing 2.5 % of active duty personnel (Department of Veterans Affairs 2012). When the guard and reserve are included, nearly 65,000 men and women in uniform are likely gay or lesbian accounting for 2.8 % of military personnel. Gay men and lesbians have served in all military eras in the later part of the twentieth century. In particular, military service rates for coupled lesbians far exceed rates for other women in every military era of the later twentieth century. Nearly one in 10 coupled lesbians age 63–67 report that they served in Korea, compared with less than one in 100 of other women. Even in the most recent service period from 1990 to 2000, service rates among coupled lesbians age 18–27 are more than three times higher than rates among other women (Department of Veterans Affairs 2012).
While years of service do not differ much between coupled gay men and other men, lesbians report longer terms of service than other women. Among all women aged 18–67 who report military service, nearly 82 % of coupled lesbians and less than 74 % of other women report serving more than two years (Cáceres et al. 2008). Coupled gay men who are veterans or report training in the guard or reserve show greater racial and ethnic diversity than do other men. Among men who report guard or reserve training, the proportions of coupled gay men who are African-American and Latino exceed those of other men. Among female veterans, the pattern is the opposite of that shown with men. Coupled lesbians are more likely to be white than other female veterans and are less likely to be African-American. Coupled gay men who report guard or reserve training or who are veterans report annual incomes below that of other men, while coupled lesbians report incomes above that of other women. An exploration of employment status provides some explanation for the income gaps observed. Coupled gay men with guard or reserve training are less likely to be employed full time and more likely to not be in the labor force than other men. Conversely, coupled lesbians who are veterans or report guard or reserve training have substantially higher rates of full-time employment than other women and are less likely to report not being in the labor force.
There are five states including Dakota, Hawaii, Alaska, Virginia, and Idaho having the largest proportion of veterans among same-sex couples. Men and women in same-sex couples in North Dakota are twice as likely to be a veteran as the national average. Among metropolitan areas, Pensacola, Florida; Norfolk, Virginia; San Diego, California; Dayton, Ohio; and Santa Rosa, California, have the highest rates of veterans among same-sex couples. Pensacola’s rate of 34 % is more than three times the national average. Nearly one million gay and lesbian Americans are veterans. The states with the largest population of gay and lesbian veterans include California, Florida, Texas, New York, and Georgia. Among metropolitan areas, Los Angeles, Washington, DC, San Diego, Chicago, and New York have the highest populations of gay and lesbian veterans. The District of Columbia leads all states with a rate of 10.2 gay or lesbian veterans per 1000 adults, more than double the national average. Per capita rates are also high in Vermont, Hawaii, Maine, and Washington.
LGBT Elder Veterans and Challenges of Aging
LGBT elder veterans face the typical challenges of aging, including the possibility of elder abuse or domestic violence, in combination with the threat of discrimination and abuse due to their sexual orientation or gender identity (Cook-Daniels 1998). The reader is referred to Chaps. 16 and 17 for additional information on elder abuse and mistreatment. In a 2006 study by the Metlife Mature Market Institute, 27 % of LGBT Baby Boomers reported that they had great concern about discrimination as they age. Cook-Daniels (1998) notes that growing up in a homophobic or transphobic environment, some LGBT elders may go to extraordinary measures to hide their sexual orientation. There may be such significant stigma for these elders that they will not label themselves. This may affect an abuse victim’s willingness to seek help, out of fear of needing to “out” themselves to authorities and face possible hostility. This may also affect his or her desire to enlist home care services out of fear of abuse. LGB adults from older generations lived under severe stigmatization of their identities. Many victims of attacks due to sexual orientation do not tell others of the attacks out of fear that their sexual orientation will be disclosed or that authorities will act with hostility or indifference (D’Augelli and Grossman 2001).
Discrimination and the Don’t Ask, Don’t Tell Policy
The Department of Veterans Affairs’ Office of Diversity and Inclusion (ODI) acknowledges that discriminatory practices have occurred toward both VHA providers and LGBT veterans. Several policies, perhaps the most significant of which was the “Don’t As Don’t Tell” effort, resulted in reported concerns about stigma and discrimination against LGBT veterans (Shipherd and Kauth 2014).
Among formal polices that have been cited as most discriminatory against LGBT military and veterans since its inception has been the “Don’t Ask, Don’t Tell” policy. Military and veterans who are lesbian, gay, bisexual, and transgender Americans have experienced historic progress over the past three years. In 2010, Congress repealed the discriminatory “Don’t Ask, Don’t Tell” policy, which prevented gay, lesbian, and bisexual service members from serving openly and with honesty. More recently, the Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA), which forced the federal government to deny more than 1000 federal benefits and protections to legally married same-sex couples that were freely available to different-sex couples. The Pentagon has resisted such legislation, stating that current law already grants “reasonable accommodation” of religious freedom to service members. At the same time, the White House pointed out that the amendment would actually tie the hands of commanders, who have the ultimate responsibility of ensuring good order, discipline, and unit morale and who would be helpless to stop religious bullying under the amendment. Since the successful repeal of “Don’t Ask, Don’t Tell,” opponents of LGBT equality have made considerable efforts to undermine the effort toward inclusion and respect for both active military and for veterans. The Department of Veterans Affairs has demonstrated efforts to address this policy and correct the discriminatory impact of LGBT veterans.
Policy-Box
Don’t Ask, Don’t Tell (DADT) is the moniker for the former official US policy (1993–2011) regarding the service of persons who were homosexual and in the military. In 1993, Pres. Bill Clinton in 1993 signed a law (consisting of statute, regulations, and policy memoranda) directing that military personnel “don’t ask, don’t tell, don’t pursue, and don’t harass.” When it was implemented in October 1, 1993, the policy theoretically lifted a ban on homosexual service that had been instituted during World War II, though, in effect, it continued a statutory ban. In December 2010, both the House of Representatives and the Senate voted to repeal the policy, and Pres. Barack Obama signed the legislation on December 22. The policy officially ended on September 20, 2011. The policy was not met with enthusiasm: Notably, military officers feared that the mere presence of homosexuals in the armed forces would undermine morale. The policy was further subverted by discrimination suits that upheld the right of gays to serve in the military without fear of discrimination. Under terms of the law, homosexuals serving in the military were not allowed to talk about their sexual orientation or engage in sexual activity, and commanding officers were not allowed to question service members about their sexual orientation. By the 15-year anniversary of the law in 2008, more than 12,000 officers had been discharged from the military for refusing to hide their homosexuality. When Barack Obama campaigned for the presidency in 2008, he pledged to overturn “Don’t Ask, Don’t Tell” and to allow gay men and lesbians to serve openly in the military (a stance that was, according to public opinion polls, backed by a large majority of the public). During Obama’s first year in office, the Act was repealed, and the repeal took effect on September 20, 2011.
Adapted from Encyclopedia Britannica. Don’t Ask, Don’t Tell (DAT): http://www.britannica.com/EBchecked/topic/1553878/Dont-Ask-Dont-Tell-DADT.
Discussion Questions:
1.
What was the intent of the law as Clinton passed it?
2.
What were problems with the law?
3.
How has repeal of the law changed the landscape for LGBT persons in the military now?
The Don’t Ask, Don’t Tell Policy has transitioned through a number of changes over the past decade. Summarize the key points of this policy and how it has changed for elder veterans served by the Department of Veterans Affairs.
Defense of Marriage Act
Another policy that has been cited as discriminatory is the DOMA, which has prevented the military and the Department of Veterans Affairs from extending benefits programs to the same-sex spouses of service members and veterans. As a result, same-sex spouses were denied nearly 100 military benefits that were freely available to different-sex spouses, including health care, housing allowances, and survivor benefits. On June 26, 2013, the Supreme Court struck down Section 3 of the law, clearing the way for the military to include same-sex spouses in benefits programs for the first time in our nation’s history. On September 3, 2013, the Department of Defense began extending these benefits. Service members who were married before the Supreme Court ruling will receive entitlements retroactive to June 26, and those who marry in the future may start drawing benefits on the date of their marriage. Furthermore, gay and lesbian service members are eligible to receive federal spousal benefits through the military even if they are stationed in a state that does not recognize their marriages.
The military has authorized commanders to grant up to seven days of leave for stateside couples and 10 days of leave for couples overseas so they can travel to a state in America and legally wed. Although traveling to a state with marriage equality imposes a significant financial expense for military families—especially for junior enlisted members and those stationed outside the continental USA—the military’s willingness to accommodate the marriage of same-sex couples despite disparate state laws is a significant step toward equality for all service members.
A concern is that the situation for veterans seeking benefits for a same-sex spouse is less clear. In an August 2013 letter to Congress, Secretary of Veterans Affairs Eric Shinseki expressed concerns about a separate statute governing veteran’s benefits, which legally prevented the department from extending these benefits to the same-sex spouse of a veteran. Less than a week after that announcement, a federal judge in California overturned the statute, which arguably created a legal pathway for the Department of Veterans Affairs to recognize same-sex spouses. As a result, the Department of Justice announced that it would no longer enforce the law that restricted veteran spousal benefits to different-sex couples.
While the Department of Veterans Affairs now finds it lawful to extend veterans benefits to same-sex spouses, another factor complicates the situation. Though the Department of Defense has decided, it will judge the validity of marriages based on where a couple was married instead of where the military member is currently stationed, it is uncertain whether or not the Department of Veterans Affairs will authorize veterans in same-sex marriages eligibility for federal benefits if they reside in a state that does not recognize their marriage.
“Less than honorable discharges” for LGBT veterans have provided another area of concern for former service members. Veterans who were discharged for “homosexual conduct” under Don’t Ask, Don’t Tell received Honorable or General under Honorable discharges. Before 1993, service members who were found to have engaged in homosexual conduct were likely to receive discharges that were “Less than Honorable.” This affects several elder veterans who are LGBT. A less than onorable discharge characterization can have severe consequences that follow a veteran for his or her entire life. In most states, it is legal for private employers to discriminate on the basis of a discharge characterization, and a less than honorable discharge all but disqualifies a person from working in the public sector. While there are efforts to address this issue, a less than honorable discharge characterization may mean forfeiture of veteran’s benefits, such as G.I. Bill education benefits and healthcare coverage.
Elderly veterans who were LGBT discharged before 1993, undergo additional hurdles and a lengthy review process in efforts to obtain an upgrade for VA benefits. With the additional hurdles, advocates have called the current process “cumbersome and bureaucratic” and have noted that it could take several years for LGBT veterans to receive a response from the review board. In summary, the repeal of DADT and the Supreme Court’s decision on DOMA does not mean the end of discrimination for the LGBT veterans who serve in our nation’s military. It is not clear whether gay and lesbian veterans will receive spousal benefits if they do not reside in a state that recognizes same-sex marriage.
Related posts:
African-American and Black LGBT Elders
The Intersection of Identities of LGBT Elders: Race, Age, Sexuality, and Care Network
Understanding Transgender Elders
Impact of Healthcare Reform on LGBT Elders
Counseling LGBT Elders
LGBT Elders in Nursing Homes, Long-Term Care Facilities, and Residential Communities
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