Breiner v. Nevada Department of Corrections

BERZON, Circuit Judge:

The Nevada Department of Corrections (NDOC) hires only female correctional lieutenants at a women’s prison. The district court granted summary judgment upholding NDOC’s discriminatory employment policy, concluding that the policy imposed only a “de minimis” restriction on male prison employees’ promotional opportunities and, alternatively, that the policy falls within Title VII’s exception permitting sex discrimination in jobs for which sex is a bona fide occupational qualification, 42 U.S.C. § 2000e-2(e)(l). We reverse as to both holdings.

Factual & Procedural Background

I…