In response to a report that a female inmate at the Southern Nevada Women’s Correctional Facility had been impregnated by male guard, the Inspector General of the corrections department conducted an investigation. The IG found, among other things, that SNWCF had become "an uninhibited sexual environment." There were "frequent instances of inappropriate staff/inmate interaction," "flirtatious activities between staff and inmates," and "widespread knowledge" of "long-term inmate/inmate sexual relationships." In exchange for sex, contraband, including alcohol, narcotics, cosmetics, [and] jewelry," was introduced into the facility. The case garnered intense media attention and the private corporation that had been operating the facility under contract determined that it would no longer continue to do so. When the state of Nevada took over day-to-day responsibility for the SNWCF, the corrections department resolved to avoid further scandal. The facility was to be re-staffed such that seventy percent of the front line guards would be women. They also decided to hire only women for the SNWCF's three correctional lieutenant positions. “Correctional lieutenants are shift supervisors and are the senior employees on duty seventy-five percent of the time. Correctional lieutenants report to wardens or deputy wardens and are responsible for supervising the prison's day-to-day operations, including directing the work of subordinate staff, inspecting the facility and reporting infractions, and monitoring inmates' activities and movement through the facility. Although it was specified that "only female applicants will be accepted for these positions," several males applied for the positions. Only women were hired for the lieutenant positions.

1. What were the legal issues in this case? What did the court decide?

2. Why did the court reject the NDOC’s “de minimis” argument?

3. What criteria for establishing a BFOQ are discussed in this case?

4. Why was the NDOC’s BFOQ defense not successful? How is this case different from other corrections cases in which the BFOQ defense was established?