The following is the Determination from the U.S. Equal Employment Opportunity Commission, Dated 05-02-02.

Under the authority vested in me by the Commission, I issued the following determination as to the merits of the subject charge filed under the Title VII of the Civil Rights Act of 1964 as amended.

All requirements for coverage have been met. Charging Party alleges that she and other female employees as a class were subjected to illegal discrimination in that they were subjected to disparate terms and conditions of employment which includes sex based job assignments, and the frequent unfounded and inappropriate questioning of the competence and judgment of female employees by male co-workers and management. Charging Party also alleges that she and other female employees as a class were required to work in an illegal hostile work environment based on their sex, when they were not treated, by their co-workers and supervisors, with the same respect as male employees; when they were routinely addressed by their first names or other disrespectful or derogatory sex based names instead of their rank or proper surnames; when they were inappropriately asked about their bodies and sex lives; and, when they were subjected to unfounded and inappropriate speculation about their personal relationships with inmates, all unlike male employees.

Charging Party also alleges that she and other females employees as a class were subjected to egregious sexual conduct by inmates, without effective management action to eliminate the egregious conduct.

During the investigation, all relevant available witnesses were interviewed, and all relevant documents were reviewed. I have considered all the evidence disclosed during the investigation and have determined that there is reasonable cause to believe that the charges are true.

Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by informal methods of conciliation. Therefore, the Commission now invites the parties to join with it in reaching a just resolution of this matter. The Commission will also consider compensatory and punitive damages available under the law.

If the respondent declines to discuss settlement or when, for any other reason, a settlement acceptable to the office Director is not obtained, the Director will inform the parties and advise them of the court enforcement alternatives available to aggrieved persons and the Commission. Disclosure of information obtained by the Commission during the conciliation process will be made in accordance with Section 706 (b) of Title VII and Section 1601.26 of the Commission's procedural regulations. A Commission representative will contact each party in the near future to begin conciliation.

On behalf of the Commission

for a Luis Lucero Jr.

Jeanette M Leino

District Director