Everson v. Michigan Dept. of Corrections.

U.S. Appeals Court

FEMALE OFFICERS

CROSS GENDER SUPERVISION

Everson v. Michigan Dept. of Corrections, 391 F.3d 737 (6th Cir. 2004). Male and female corrections officers brought a class action against a state corrections agency, alleging gender discrimination in staffing positions within female prison housing units. The district court granted judgment in favor of the officers and the state appealed. The appeals court reversed and remanded, finding that female gender was a bona fide occupational qualification (BFOQ). The court held that female gender was a BFOQ under Title VII for correctional officer and residential unit officer positions in housing units at a female prison, since the exclusion of males from such positions was reasonably necessary to the normal operation of facilities. According to the court, the BFOQ materially advanced the security of the prison, safety of inmates, and protection of privacy rights of inmates, and reasonable alternatives to the plan were not identified. (Michigan Department of Corrections)