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Male class action certified over Department of Corrections regulations defining women's prison jobs which must be filled by women

Two of the Michigan Court of Appeals' most conservative judges joined in a rare decision certifying a class action.  The action was brought by a man who argued that he was being denied equal fair treatment by the Department of Corrections.  Judges Henry Saad and Kirsten F. Kelly ruled in Nowacki v. Department of Corrections that the Plaintiff could bring a class action arguing that the Department's BFOQs governing women's prisons were too limited and denied men equal opportunity for employment and overtime.  Nowacki argued that the BFOQs were defined too broadly and limited too many jobs and duties to women.


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