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Ask The Lawyer: Civilian, military law can intersect in the workplace

Lawyer Mathew B. Tully answers your questions.

Q. What types of employment laws do service members need to watch out for in dealing with other service members and civilians?

Generally, employment laws don’t apply in service member-to-service member issues — the Uniform Code of Military Justice and service regulations do.

However, when a service member supervises a federal civilian, all types of employment laws come into play.

Workplace friction between civilians and service members can lead to claims of discrimination. In the private-sector work force, complaints like these are handled by the Equal Employment Opportunity Commission. Civilian federal employees who feel they are being discriminated against by service members also may use the civilian EEO process.

Conversely, if a service member feels he is being discriminated against by a fellow service member, he should contact the equal opportunity adviser at his command and follow the military EEO process. Service members may also report claims of discrimination — or any other type of fraud, waste or abuse — to the Office of Inspector General.

Sexual harassment is taken very seriously in the military, whether it is alleged by a service member or civilian. Each military branch has its own formal and informal resolution system through its EEO office that may attempt to resolve this issue without charge under the UCMJ.

But if the alleged victim notifies a commanding officer of the issue, the CO has discretion to notify the appropriate office about whether an official investigation is needed. If an investigation finds that a service member did sexually harass an employee, the case is referred to the local JAG officer for formal prosecution.

Numerous UCMJ articles may be used in the formal charge against the service member:

• If sexual comments or gestures are made, the charges may include Article 89 (disrespecting a superior officer), Article 91 (insubordinate conduct toward a warrant or noncommissioned officer), Article 117 (provoking speech and gestures) and/or Article 134 (indecent language).

• If influence or threats are used to elicit sexual favors, a service member may be charged under Article 93 (cruelty and maltreatment).

• Engaging in or allowing sexual harassment may lead to a member being charged under Article 92 (failure to obey an order) or Article 133 (conduct unbecoming an officer).

Punishment can result in a dishonorable discharge, jail time, and loss of pay and allowances and all military benefits.

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Mathew B. Tully is an Iraq war veteran and founding partner of the law firm Tully Rinckey PLLC. E-mail questions to askthelawyer@militarytimes.com. The information in this column is not intended as legal advice.