⚖️ Why This Is a Civil Rights Issue: The Legal Argument for #ReasonableRanks

Kirk Carlson
Jun 16
3 min read

Understanding ADA, Equal Protection, and Veterans’ Rights

By Kirk Carlson | Covenant of Courage

In today’s military, many service members are discharged—not because of misconduct, but because they can no longer pass a physical fitness test or deploy after sustaining injuries. These discharges often occur without consideration of reassignment, despite the individual’s willingness and capacity to serve in other essential roles.

This isn’t just a personnel policy problem.

It’s a civil rights issue.

Here’s why.

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The Legal Framework

Americans with Disabilities Act (ADA) – 1990

The ADA is a landmark civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs.

Under the ADA, employers must provide reasonable accommodations to qualified employees with disabilities.
If an employee can no longer perform the core duties of their job, employers are required to consider reassignment to a vacant position they are qualified for.

The problem?

The Department of Defense is largely exempt from the ADA. As a result, injured service members are not legally entitled to accommodations or reassignment.

Section 504 of the Rehabilitation Act of 1973

This law prohibits discrimination on the basis of disability in federal programs or activities receiving federal funding.

The military, while technically bound by some parts of this act, applies it narrowly, particularly when it comes to active-duty roles.
Service members are often denied accommodations that would be required in civilian agencies like DHS, VA, or FEMA.

Equal Protection Clause (14th Amendment)

Although courts have granted the military “wide latitude,” civil rights still apply—especially when injured individuals are treated unequally without a compelling government interest.

When a civilian firefighter is reassigned after injury, but a military firefighter is discharged for the same injury, that’s unequal treatment.
When the military does not even offer the option of reassignment, despite available non-combat positions, it raises serious constitutional questions.

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This Is About More Than Policy – It’s About Rights

Military service members don’t lose their humanity when they wear the uniform. Injured or disabled troops should not be punished for getting hurt while serving their country.

A discharge based solely on failure to meet a fitness standard—without context, review, or reassignment—would violate the ADA in any civilian job.

Just because it’s legal under military regulations doesn’t make it just.

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What Needs to Change

The #ReasonableRanks campaign calls for:

✅ A DoD-wide reassignment policy for non-deployable but capable troops

✅ Legislative action to narrow the ADA exemption and expand civil rights protections in uniform

✅ A review board for discharge cases involving injury or disability

✅ Increased transitional support and benefits for those separated due to service-connected conditions

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Why This Matters

This issue impacts thousands of service members—especially those who are injured in training, before deployment, or with non-visible disabilities like PTSD.
It disproportionately affects women, LGBTQ+ troops, and people of color, who are more likely to report injury-related discharge.
It costs our military skilled, trained personnel and sends a message that “your service only matters if you can run.”