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FORTS v. WARD

No. 77 Civ. 1560.

471 F.Supp. 1095 (1978)

Iola FORTS, Paula Herbert, Cynthia Hall, Laura Carey, Linda Maroon, Carol Crooks, Sharon Silman, Yvonne Lee, Sheila Liles, Deborah Lewis, on behalf of themselves and all others similarly situated, Plaintiffs, v. Benjamin WARD, Individually and as Commissioner of Correctional Services, Frances Clement, Individually and as Superintendent, Bedford Hills Correctional Facility, Dorothy Reid, Individually and as Deputy Superintendent for Security, Bedford Hills Correctional Facility, Melvin H. Osterman, Jr., Director of Employee Relations for the State of New York, Security Unit Employees Council 82, American Federation of State, County and Municipal Employees, AFL-CIO ("Council 82"), Carl F. Gray, Executive Director, Council 82, Clayton DeFayette, President, Council 82, Local 1265 of Council 82, A. V. Yarell, President, Local 1265, Defendants.

United States District Court, S. D. New York.

Order April 11, 1979.

Attorney(s) appearing for the Case

Bronx Legal Services Corp. C, by Stephen M. Latimer, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of the State of N. Y., by Leonard J. Pugatch, Charles A. Bradley, III, Asst. Attys. Gen., New York City, for defendants Ward, Clement, and Reid.

Rowley & Forrest, P. C., by Richard R. Rowley, Brian J. O'Donnell, Albany, N. Y., for defendants Gray, DeFayette, and Council 82.

Brent, Phillips, Dranoff & Davis, Nanuet, N. Y. (Ricardo A. McKay, Congers, N. Y., of counsel), for defendants Yarell and Local 1265.

OPINION

OWEN, District Judge.

Prior to 1976, only women had been allowed to serve as guards1 in the living and sleeping corridors of the state prison for women in Bedford, New York.2 In 1976, the State, in perceived compliance with Title VII of the Civil Rights Act of 1964, opened the posts to any qualified applicant regardless of sex.

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