The Dual Compensation Program
1. “Unjust Bait and Switch?”
There are countless articles written about the 1950s Jim Crow era military Feres Doctrine. However, none were written to inform the African American veteran or soldier participating in this hybrid (military and civilian) program to brace for a total financial crisis.
Initially, the National Guard Dual Status Technician starts the discrimination complaint process under the 1964 Civil Rights Act (the bait), but during the court process, the Title VII claim is replaced with the 1950’s military Feres doctrine (the switch). There isn’t a soldiers or veterans guide to navigating the Federal Courts military Feres doctrine.
An “Unjust Bait and Switch”, is a tactic or procedure used by the military departments in U.S. federal courts to dismiss Title VII claims without a review and compensation. The U.S. federal courts allows the “Unjust Bait and Switch” because it refers to the availability of assured compensation, stating that because injured servicepersons may seek recovery under the Veterans‘ Benefits Act, a remedy under Title VII and FTCA is unnecessary.
In short, African American soldiers and veterans are denied a remedy altogether.
2. Undocumented Disparate Impact from 1997 to 2009
A disparate impact case relies on statistics, data, calculations, and in most cases require help from a legal expert. To get information in a disparate impact case in the first place, you typically need an attorney who knows how to use the discovery process to require a federal employer like the California military departments to hand over the information and documents you need to prove your case.
You see, there was a time when the U.S. EEOC and military departments weren’t reviewing and reconciling Title VII claims on appeal at the U.S. Ninth Circuit. It was during the California National Guards largest financial disaster. It was a time period when California military department officials prevented soldiers and veterans from accessing the legal system.
I made the decision to preserve a photographic view of the California military departments performance and pay regulations. For African Americans and other soldiers who were adversely impacted by Guards policy during its largest financial calamity. The reason is simple. African American soldiers and veterans have historically dealt with pay and performance issues since the Jim Crow era during the Second World War.
The “Unjust Bait and Switch” is a legacy system that continuous to deprive African American soldiers, veterans and their families of service compensation and benefits.