United States Ninth Circuit

In an action challenging the State of Nevada's policy of hiring only female correctional lieutenants at a women's prison, summary judgment for defendants is reversed where: 1) Title VII protects the ability to pursue one's own career goals without being discriminated against on the basis of race or sex, even if others of the same race or sex were not subject to disadvantage; and 2) defendants did not show that "all or nearly all" men would tolerate sexual abuse by male guards, or that it is "impossible or highly impractical" to assess applicants individually for this qualification.

Appellate Information

• Argued 02/11/2010
• Decided 07/08/2010
• Published 07/08/2010

Judges

• Marsha S. Berzon

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John B. Marcin, Roger R. Madsen