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BREINER v. NEVADA DEPT. OF CORRECTIONS

No. 09-15568.

610 F.3d 1202 (2010)

Edward C. BREINER; Loren Chapulin; Jimmie McNeal; Randy Stout, Plaintiffs-Appellants, v. NEVADA DEPARTMENT OF CORRECTIONS; State of Nevada; Glen Whorton; Jackie Crawford, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2010.

Attorney(s) appearing for the Case

John B. Marcin, Marcin Lambirth, LLP, Las Vegas, NE, for the plaintiffs-appellants.

Roger R. Madsen, Deputy Attorney General, Catherine Cortez Masto, Attorney General, Las Vegas, NE, for the defendants-appellees.

Before: JOHN T. NOONAN, MARSHA S. BERZON and SANDRA S. IKUTA, Circuit Judges.

BERZON, Circuit Judge:

The Nevada Department of Corrections (NDOC) hires only female correctional lieutenants at a women's prison. The district court granted summary judgment upholding NDOC's discriminatory employment policy, concluding that the policy imposed only a "de minimis" restriction on male prison employees' promotional opportunities and, alternatively, that the policy falls within Title VII's exception permitting sex discrimination in jobs for which sex...

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