6th Circuit Upholds Summary Judgment In Officer’s Gender Bias Suit

Mealey's (April 12, 2021, 2:25 PM EDT) -- CINCINNATI — An Ohio county accused of gender discrimination and retaliation by a correctional officer who alleged that a policy regarding female staffing needs was biased against female employees established all three elements of a bona fide occupational qualification (BFOQ) defense as to the bias claim even though the county stated it wasn’t raising such a defense, a Sixth Circuit U.S. Court of Appeals panel ruled April 7; however, the panel split on the retaliation claim with the majority affirming summary judgment for no showing of an “adverse action” while the dissenting judge opined that the officer established an adverse action....