DHS’s Female-Only Shifts Backed in Sex Bias Appeal (Correct)

Feb. 9, 2026, 4:25 PM UTCUpdated: Feb. 9, 2026, 7:18 PM UTC

The Department of Homeland Security defeated a bid by four Customs and Border Protection officers to revive their union-backed sex discrimination lawsuit over the agency’s use of female-only shifts.

Evidence supported a jury’s finding the department had a bona fide reason for its gender-based occupational qualification for night shifts at the Port of Tampa, the US Court of Appeals for the Eleventh Circuit ruled Feb. 6. A CBP handbook provides that officers conducting searches must be the same gender as those being searched and the suing officers didn’t show there was a “way to rearrange job responsibilities to eliminate the ...

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