All Female Staffing Policy For Some Prison Jobs Not Discrimination Against Males.

A prison designated a number of female-only positions, and the prison guard union brought suit for discrimination against male correctional officers. In a 1993 case [Jordan v. Gardner (1993) 986 F.2d 1521], a federal court halted the practice of permitting cross-gender pat down searches in nonemergency situations. In addition, over the years, there have been instances of rape of female inmates by male guards. Female guards were recruited and hired as part of a prison reform effort to reduce sexual assaults. The trial judge granted summary judgment in favor of the prison, and the Ninth Circuit affirmed, finding the staffing policy was justified as a bonafide occupational policy to protect the privacy of inmates and prevent sexual assaults. (Teamsters Local Union No. 117 v. Wash. Dep’t of Corr. (Ninth Cir.; June 12, 2015) 789 F.3d 979.)