News// February 2020
Dayton, Ohio,
Attorneys Christopher W. Carrigg and Lisa A. Hesse successfully achieved summary judgment for their client, a local county government, in a lawsuit brought by a former correctional employee in federal court for sex discrimination and retaliation. The plaintiff challenged the jail’s minimum staffing requirements, arguing she was required to work overtime, could not bid on desired shifts, and required, on occasion, to perform gender-specific task assignments. The federal court upheld the minimum staffing plan, finding a bona fide occupational qualification existed, and applying a standard deferential to the expertise and experience of the prison administrators. The court additionally dismissed her retaliation claims finding no adverse action suffered by the employee or any actions taken based upon her sex.
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