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Gender Discrimination in Criminal Justice: Relevant Law and Future Trends

NCJ Number
128847
Journal
Women and Criminal Justice Volume: 2 Issue: 1 Dated: (1990) Pages: 63-81
Author(s)
I J Sagatun
Date Published
1990
Length
19 pages
Annotation
Gender employment discrimination issues involving persons employed in the criminal justice system are discussed.
Abstract
Title VII of the Civil Rights Act of 1964 provides that employers cannot refuse to hire or discharge or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's sex, race, color, religion, or national origin. A claimed "bona fide" occupation qualification (BFOQ) is the principal defense to a charge of sex discrimination under an employer practice that classifies by sex. Many jobs in the criminal justice system have traditionally been all male, so it is not surprising that the first major BFOQ case in the U.S. Supreme Court came out of the criminal justice system. Previous gender discrimination cases have revolved around job hiring, pay, sexual harassment, and affirmative action. As women move up in the ranks of criminal justice fields, future lawsuits may well center around the issue of promotions. What is needed is a permanent civil rights restoration process by Congress to ensure the end of discrimination, not only in criminal justice, but in all employment. 15 notes and 8 references (Author abstract modified)

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