Legal Opinion

Opinion No. Oag 53-81, (1981)

Wisconsin Attorney General Reports

Decided October 2, 1981Published

1Opinion of the Court

DENNIS LIEDER, District Attorney Burnett County

You ask whether sec. 53.41, Stats., which requires that at least one jailer on duty be of the same sex as the prisoners in any jail, is in conflict with state and federal laws prohibiting sex discrimination in employment.

It is my opinion that sec. 53.41, Stats., does not conflict with the prohibition against sex discrimination contained in the Wisconsin Fair Employment Act, secs. 111.31-111.37, Stats., because the statutes were amended simultaneously and the specific requirement of sec. 53.41, Stats., must be given effect over the Act's general…

2Cases cited18 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Dothard v. RawlinsonSupreme Court of the United States · 1977
  3. Mrs. Lorena W. Weeks v. Southern Bell Telephone & Telegraph Company, Southern Bell Telephone & Telegraph Company v. Mrs. Lorena W. WeeksCourt of Appeals for the Fifth Circuit · 1969
  4. Celio DIAZ, Jr., Plaintiff-Appellant, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1971
  5. Forts v. WardCourt of Appeals for the Second Circuit · 1980

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