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| Barring Male Guards for Female Inmates Might Violate Title VII, Ninth Circuit Rules |
| By bna.com- Kevin P. McGowan |
| Published: 07/08/2014 |
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July 7 — The city and county of San Francisco may be engaging in unlawful sex discrimination under Title VII of the 1964 Civil Rights Act by barring male deputies from supervising female inmates in county jails, the U.S. Court of Appeals for the Ninth Circuit ruled July 2. Ruling on consolidated suits filed by 35 San Francisco Sheriff's Department deputies of both sexes challenging a 2006 policy, the Ninth Circuit reversed a district court decision that the policy was valid under the bona fide occupational qualification exception to Title VII and the California Fair Employment and Housing Act. Federal courts are divided on if and when the narrow BFOQ defense to sex discrimination is available to state and local government employers regarding jobs in correctional institutions. Read More. |
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