6th Circuit: BFOQ defense bars female correction officer's sex bias claims

The bona fide occupational qualification (BFOQ) defense barred a female corrections officer's sex discrimination claims because the county employer had proven its two-female policy was both reasonably necessary and legally required, the 6th Circuit recently ruled.

Million to two

Shonda Million worked as a corrections officer in the Warren County Jail for nearly 10 years. The jail housed male and female inmates and required at least two female officers to work each shift. The policy allegedly required Million to work "forced" overtime and deprived her of the same opportunities to bid on shifts available to her male colleagues.

Million challenged the two-female policy in several internal grievances and a charge with the Equal Employment Opportunity Commission (EEOC). Jail officials allegedly retaliated against her by auditing her internet usage, reviewing her use of sick leave, revoking her position as a field training officer, and disciplining her on several occasions. She resigned her position and then filed a federal lawsuit asserting sex discrimination and retaliation claims.

Jailhouse rules disadvantage female officers

The jail has the capacity to hold 224 male inmates in four housing units and 66 female inmates in one housing unit. During the period relevant to Million's claims, the facility employed 17 to 23 female officers and 33 to 35 male officers.