U.S. flag

An official website of the United States government, Department of Justice.

Judicial Scrutiny of Gender-Based Employment Practices in the Criminal Justice System

NCJ Number
Journal of Criminal Justice Volume: 39 Issue: 2 Dated: March/April 2011 Pages: 106-119
Claire Angelique R.I. Nolasco; Michael S. Vaughn
Date Published
April 2011
14 pages
This study analyzes how Federal and State courts have interpreted Title VII sex discrimination claims in the employment practices of criminal justice agencies.
In discussing judicial standards for gender-based discrimination, the article reviews court cases that pertain to the intermediate scrutiny of gender-based classifications; the standard for sex-based discrimination claims under Title VII; the framework for analysis of sex discrimination as disparate treatment; and the framework of analysis of sex discrimination as disparate impact. In discussing cases that involve sex discrimination due to disparate impact by gender, the cases examined pertain to job exclusion due to a threat to agency security and third-party safety; job exclusion in criminal justice due to the violation of inmates' right to privacy; minimum height or weight requirements for criminal justice employment; strength or physical fitness requirements by criminal justice agencies; the content of the oral interview in criminal justice employment; written examinations and/or education requirements in criminal justice; and grooming requirements for criminal justice employees. The review of cases that involve sex discrimination due to disparate treatment focus on adverse employment actions; hiring, assignment of duties, promotion, and demotion in criminal justice agencies; unequal pay or benefits in criminal justice agencies; practices regarding pregnant employees; last-hired, first-fired policies in criminal justice agencies; and termination for cause. 68 references and a listing of cases and statutes cited