FORTS v. WARD

Nos. 495, 562, Dockets 79-2093, 79-2098.

621 F.2d 1210 (1980)

Iola FORTS, Paula Herbert, Cynthia Hall, Laura Carey, Linda Moroon, Carol Crooks, Sharon Silman, Yvonne Lee, Sheila Liles, Deborah Lewis, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees-Cross-Appellants, 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, Defendants-Cross-Appellees; 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, Defendants-Appellants-Cross-Appellees; Local 1265 of Council 82, A. V. Yarell, President, Local 1265, Defendants.

United States Court of Appeals, Second Circuit.

Decided May 8, 1980.


Attorney(s) appearing for the Case

Richard R. Rowley, Albany, N. Y. (Rowley & Forrest, P. C., Albany, N. Y., on the brief), for the union appellants-cross-appellees.

Stephen M. Latimer, Burlington, N. J. (Camden Regional Legal Services, Inc., Burlington, N. J., on the brief), for the inmate appellees-cross-appellants.

Barry R. Fertel, Deputy Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of New York, George D. Zuckerman, Asst. Sol. Gen., New York City, on the brief), for the State officer cross-appellees.

Before TIMBERS, VAN GRAAFEILAND and NEWMAN, Circuit Judges.


NEWMAN, Circuit Judge:

The modern sensitivity to the significance of gender in American life and law has made it inevitable that cases will arise where gender-based legal contentions conflict. This case arises in a context where that conflict can be expected to recur with some frequency: privacy rights versus employment rights. Members of one sex assert a privacy right not to have their unclothed bodies viewed by members...

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