Monday, May 9, 2011

FYI: Men Fired From Government Jobs for Not Registering with Selective Service File Suit, Claiming the Law is Sexist

42-year-old Michael Elgin, began working for the IRS in Andover, Massachusetts, in 1991. In 2002, during a routine background check for a promotion, it was discovered that Elgin had never registered for the draft. The matter was forwarded to the Office of Personnel Management (OPM). In the meantime, Elgin continued to work at the IRS. Finally, in January 2007, the OPM ruled that Elgin was ineligible to work for the U.S. Government.

Mr. Elgin was fired-- even though no female could be fired for not registering with Selective Service.

Mr. Elgin and three other men similarly situated sued, arguing the law was sexist because women were not required to comply with the law.  A panel of judges with the Fifth Circuit Court of Appeals reviewed the case and disagreed with the lower court ruling, and sent it back for reconsideration.
The numbers of men affected by Selective Service laws are staggering. According to the Annual Report to Congress of the Selective Service System for fiscal year 2009: "[I]f a man fails to register, or fails to provide evidence that he is exempt from the registration requirement . . ., his name is referred to the Department of Justice . . . for possible investigation and prosecution for his failure to register, as required by the Military Selective Service Act. During FY 2009, 169,586 names and addresses of suspected violators were provided to the DoJ, an increase of 22% from FY 2008." And every name on that list is male.
Read how this uniquely male crime can affect the offender here: