Military Recruitment Policy

The University of Dayton School of Law’s Office of Career Services provides services on an equal access basis to all students and requires employers to certify their compliance with our nondiscrimination policy. Our current policy is in compliance with the mandates of the Association of American Law Schools (AALS), of which the University of Dayton School of Law is a member. That policy provides:

The University of Dayton School of Law does not discriminate on the basis of race, color, religion, sex, national origin, age, marital status, handicap, sexual preference or orientation, or status as disabled veteran or veteran of the Vietnam era.

The facilities and services of the School of Law are available only to those employers whose practices are consistent with this policy. Use of the facilities or services of the School of Law is construed as an affirmation by the employer that it does not discriminate at any stage of the employment process.

Although the United States Armed Forces prohibit "unlawful" discrimination in recruitment, promotion, and retention, the military's policies on sexual orientation conflict with the Law School's antidiscrimination policy. Under normal circumstances, therefore, the military would be barred from using our Career Services Office.

In 1996, the United States Congress passed statutes known as the Solomon Amendments. These statutes deny certain federal funds to an educational institution that "prohibits or in effect prevents" military recruiting. Act of Sept. 30, 1996, Pub. L. No. 104-208, § 514(b), 101 Stat. 3009, 3009-271 (to be codified at 10 U.S.C. § 503 note). Under the AALS's interpretation of these statutes, a law school's adherence to a nondiscrimination policy that includes sexual orientation jeopardizes "funds it receives not only from the Department of Defense but also from the Department of Education, Labor, Health and Human Services, and other 'related agencies.'" These funds include some financial aid for law students.

Although the military's hiring and retention policies are inconsistent with our nondiscrimination policy, we are unwilling to jeopardize the receipt of federal funding. To guard against the potential loss of federal funds, the administration has decided to allow military access to our career services office equivalent to employers who certify their full adherence to our nondiscrimination policy. Like other employers, the military is being permitted to schedule interviews.

The University of Dayton School of Law remains committed to eradicating discrimination in employment. The AALS directive on this matter encourages law schools to ameliorate the effect of allowing the military on campus and to provide all our law students with a hospitable environment. Any comments or suggestions regarding this matter should be directed to Tim Swensen, director of career services.