Gender Discrimination

SEX DISCRIMINATION: Miller v. Dept. of Corrections -- 2005

  • A male warden would promote and give special assigments to female staff members who slept with him, but ignored or deprived those who did not.
  • Multiple suits were filed by women who claimed that the warden discriminated against them because he favored female subordinates who had sex with him. Their claims were based on the fact that they had superior work performance and experience, and were denied promotions and opportunities given to the favored sexual partners.
  • RESULT: The CA Supreme Court expanded the idea of gender discrimination and harassment to include same-sex gender discrimination situations (i.e., where the favored gender is the same as the person claiming discrimination).

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