Seventh Circuit reinstates a gender discrimination suit. The fact that more males were incarcerated in a juvenile facility did not justify a new staffing rule that required that at least one male officer work in every pod on each shift. Women officers with greater seniority lost overtime assignments to males with less seniority. "The evidence in the record does not support the conclusion that the juveniles' safety or security, or the institution's ability to manage risk effectively, was at all in jeopardy because of the presence of opposite-sex JCOs on the third shift." Henry v. Milwaukee County, #07-2534, 2008 U.S. App. Lexis 17724 (7th Cir.).
     Sixth Circuit splits 2-1 to support a ban on the assignment of male correctional officers to 250+ positions in women's housing units. Everson v. Mich. Dept. of Corr., #02-2028, 2004 U.S. App. Lexis 24905, 94 FEP Cases (BNA) 1542, 2004 FED App. 0418P (6th Cir. 2004). [2005 FP Feb]
     Federal court dismisses woman correctional officer's claim against management because of inmate sexual harassment; her superiors were not negligent, and she should expect inmates to misbehave. Powell v. Morris, 37 F.Supp.2d 1011, 1999 U.S. Dist. Lexis 2454, 81 FEP Cases (BNA) 899 (S.D. Ohio). [2000 FP 75]
     Federal appeals court upholds a small county that transferred a deputy sheriff based on her gender. Reed v. Co. of Casey, # 98-6021, 1999 U.S. App. Lexis 18007, 184 F.3d 597, 80 FEP Cases 736 (6th Cir.). [1999 FP 171]
     Federal court dismisses woman corrections officer's bias lawsuit which claimed that the Dept. of Corrections failed to adequately discipline male inmates who exposed themselves in her presence. Wright v. Dept. of Corr., 1998 U.S. Dist. Lexis 20074, 31 F.Supp.2d 1336, 78 FEP Cases (BNA) 1520 (M.D. Ala.). [1999 FP 43-4]
     County that adopted a policy of prohibiting the assignment of women correctional officers to posts where male inmates are housed and or assignment of male officers to a post where female inmates are housed misunderstood state law and was in violation of 42 U.S. Code 1983. State law required only that at least one officer of each gender be present within a jail when jail holds inmates of both genders. Sheriff's Assn. v. Co. of Oswego, 80 FEP Cases (BNA) 744, 56 F.Supp.2d 263, 1999 U.S. Dist. Lexis 10848 (N.D.N.Y. 1999). {N/R}
     Appeals court rejects suit to prohibit the assignment of women officers to the men's units of a county jail. Johnson v. Phelan, 69 FEP Cases (BNA) 119, 69 F.3d 136 (7th Cir. 1995). [1996 FP 11-12]
     A policy of assigning only female staff to the women's unit of a mixed-gender prison did not violate Title VII. Tharp v. Iowa Dept. of Corr., 69 FEP Cases (BNA) 42, 68 F.3d 223 (8th Cir. 1995). [1996 FP 12]
     See also: Sexual Harassment - By Inmates in Correctional Facilities.