Women’s prison with guard hiring quotas based on sex guilty of discrimination in employment

by Stephen on July 14, 2010

Breiner v. Nevada Department of Corrections: After a male prison guard impregnated one of the inmates, the Nevada Department of Corrections imposed a quota requiring that 70% of the guards be female, and hired only females as supervisors (lieutenants). Held: This is gender discrimination in employment. The exception allowing discrimination in jobs for which gender is a bona fide occupational qualification was held not to apply, because the Nevada Department of Corrections did not prove that the essence of its business operations would be undermined by hiring males. Such proof would have included proof that women by virtue of their gender could better understand the behavior of female inmates. Really? How hard would that have been to prove? Can’t courts take judicial notice of the obvious?

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