Bloomberg Law
Oct. 13, 2022, 4:15 PM

Texas Jail Guards Granted Review of Sex-Based Schedule Suit

Annelise Gilbert
Annelise Gilbert

Female detention officers whose discrimination suit over a gender-based scheduling policy was dismissed due to allegedly restrictive precedent convinced the full Fifth Circuit to hear their case.

The Dallas County Jail implemented a gender-based schedule policy in 2019 that only allowed male officers to take full weekends off, according to the lawsuit, while female officers were left to choose between two weekdays off, or one weekday and one weekend day off. The schedule policy was previously based on seniority.

A three-judge panel on Aug. 3 acknowledged the facially discriminatory schedule policy, but affirmed a lower court’s dismissal because precedent required ...