SOP 104.08: Gender-Specific Post Assignments_Job Responsibilities

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Gender-Specific Post Assignments/Job Responsibilities|Policy Name:Gender-Specific Post Assignments/Job Responsibilities|Policy Name:Gender-Specific Post Assignments/Job Responsibilities|
|Policy Number: 104.08|Effective Date: 11/12/2020|Page Number: 1 of 3|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access|

I. Introduction and Summary:

Within the scope of the provisions of Section 703(e) (1), Title VII, 1964 Civil Rights
Act, the Department has elected to restrict certain individuals from performing
selected job assignments within correctional facilities on the basis of their gender.
These restrictions will be limited to those instances where the Department has a basis
for believing that all, or substantially all, of the excluded individuals would be
unable to perform the designated job responsibilities without violating offender
bodily privacy rights and the PREA prohibition against cross-gender viewing and
searches.

II. Authority:

A. 1964 Civil Rights Act, Title VII, Section 703(e);

B. 28 C.F.R. §115.15; and

C. ACA Standard: 5-ACI-3A-07 (ref. 4-4181).

III. Definitions:

A. Gender-Specific Post Assignment/Job Responsibility - A designated post

assignment/job responsibility where the employee must be the same gender as
the offender.

B. Appointing Authority - The Commissioner is the Department’s Appointing

Authority in accordance with state law and the Rules of the State Personnel
Board (SPB). SPB Rules permit the Appointing Authority to delegate certain
responsibilities to others within the agency. For this SOP, the term Appointing
Authority refers to both the Commissioner and those to whom the Commissioner
has delegated certain Appointing Authority responsibilities as outlined in SOP
104.01, Delegation of Authority.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Gender-Specific Post Assignments/Job Responsibilities|Policy Name:Gender-Specific Post Assignments/Job Responsibilities|Policy Name:Gender-Specific Post Assignments/Job Responsibilities|
|Policy Number: 104.08|Effective Date: 11/12/2020|Page Number: 2 of 3|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access|

IV. Statement of Policy and Applicable Procedures:

A. Identifying Designated Post Assignments/ Job Responsibilities:

1. Selected security post assignments/job responsibilities will be designated to

require same gender contact and will be limited to those duty assignments
requiring the greatest protection of offender's privacy interests.

2. Only a limited number of post assignments/job responsibilities should be

identified by an Appointing Authority as requiring same gender contact.

3. Generally, officer duty assignments restricted to a “gender-specific”

designation must be limited to posts or special security tasks which involve:

a. Routine or anticipated physical contact with unclothed offenders; or

b. Routine or anticipated observation of strip or body cavity searches unless

observation is done merely by video monitor.

The mere fact that it is foreseeable that an emergency situation may
require an officer to participate in the above does not provide a sufficient
basis for classifying the post assignment/job responsibility as genderspecific. An emergency situation is a situation where death or serious
bodily injury is likely to result. Only in emergency situations should staff
members of the opposite gender become involved in strip or body cavity
searches or otherwise have supervised contact with unclothed offenders
of the opposite gender.

4. Post assignments/job responsibilities identified by an Appointing Authority

as requiring a gender-specific designation should be extremely limited and
meet the criteria set forth in 3(a) or (b) above.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Gender-Specific Post Assignments/Job Responsibilities|Policy Name:Gender-Specific Post Assignments/Job Responsibilities|Policy Name:Gender-Specific Post Assignments/Job Responsibilities|
|Policy Number: 104.08|Effective Date: 11/12/2020|Page Number: 3 of 3|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access|

B. Obtaining Final Approval of Designated Gender-Specific Post Assignments/ Job

Responsibilities:

1. Appointing Authorities must review all security posts to identify which

assignments/ job responsibilities meet the criteria for “gender-specific”
designation.

2. Identified Gender-Specific Post Assignments/Job Responsibilities must be

thoroughly documented to justify a gender-specific designation.

3. The complete facility listing of Gender-Specific Post Assignments/Job

Responsibilities must be forwarded to the Director of Facilities for review.
Periodic on-site reviews for compliance will be the responsibility of the
Region Directors.

4. The identified Gender-Specific Post Assignments/Job Responsibilities must

be forwarded to the Director of Facilities and the Director of Human
Resources for review and final approval.

5. Changes in the designated Gender-Specific Post Assignments/Job
Responsibility must be approved through the same procedure described
above.

6. Appointing Authorities must ensure each Gender-Specific Post
Assignments/Job Responsibility is performed by the appropriate gender.

V. Attachments: None.

VI. Record Retention of Forms Relevant to this Policy: None.