The State of Wyoming Is Adding Insult to Women’s Injuries by Defending Male-Only Bootcamps
In 1987, the Wyoming Legislature created a program to help young criminal offenders quickly see the error of their ways and become productive citizens.
Under the state’s Youthful Offender program, a state sentencing judge diverts first-time offenders to enter a “boot camp” program administered by the Wyoming Department of Corrections for the first six months where they receive rehabilitative programming and instruction and vocational training. If they do well in the boot camp, the sentencing judge can then place them on supervised probation for the rest of their sentence, thus sparing them years behind bars.
The Youthful Offender program is good public policy that gives people a second chance and saves taxpayers money. Only there’s one problem. The WDOC implemented the program in a way that only benefited approximately one half of the state’s population.
Administrators immediately constructed a male-only facility, which naturally sent the strong message that only men could enter the program. They then issued a rule stating that only those prisoners recommended for boot camp by their sentencing judge would be admitted. For the past 30 years, administrators have watched as sentencing judges only recommended men and did nothing to encourage them to recommend women. Administrators never even posted a notice on the WDOC website that women were welcome.
As a result, hundreds of men have benefitted from the program — but not one woman. And so for three decades, WDOC administrators have turned a blind eye to the fact that scores of women who committed the same crimes as men have spent years longer in prison for no good reason.
Scores of women who committed the same crimes as men have spent years longer in prison for no good reason.
Two months ago, the ACLU filed a lawsuit in federal court against WDOC administrators challenging this practice. No state is allowed to operate a program in such a way that it discriminates against citizens on the basis of gender. Yet, despite the obvious injustice of WDOC’s discriminatory program, administrators filed a motion asking the judge to dismiss the case. Among other things, they blame the women — and not themselves — for the male-only program, arguing that women should have done more to convince their sentencing judges to recommend them for admission into the program.
This argument completely ignores the fact that WDOC created a discriminatory program at the outset by constructing a male-only facility. Moreover, its actions — or lack thereof — speak volumes. If WDOC had any intention of running an equal program, it could have done several things to make it a reality. It could have made it explicit to judges, the state’s public defenders, and the public that it would accept boot camp recommendations for female offenders through direct communications and public hearings. And it could have demonstrated its good faith by constructing a female-only facility, too.
But none of this happened.
As the agency delegated by the legislature to operate the boot camp program, WDOC could have — and should have — ensured that it was operated in a nondiscriminatory manner. WDOC’s effort to shift the blame only adds insult to injury to women who deserve the same chance as a man to make amends without going to prison. But instead of rectifying three decades of discrimination, the state is digging in its heels in defense of a program that excludes women for no good reason.
And that cannot go unchallenged.
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Press ReleaseOct 2024
LGBTQ Rights
+2 Issues
At Supreme Court, Tennessee Seeks to Expand Reach of Dobbs to Ban Health Care for Transgender YouthAt Supreme Court, Tennessee Seeks to Expand Reach of Dobbs to Ban Health Care for Transgender Youth
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Press ReleaseSep 2024
Women's Rights
Civil Rights Groups Tell Federal Appeals Court that Protections for Pregnant Workers Cover Abortion CareCivil Rights Groups Tell Federal Appeals Court that Protections for Pregnant Workers Cover Abortion Care
WASHINGTON, D.C. - On Friday, a broad coalition of labor, workers’ rights, and gender justice organizations — led by the American Civil Liberties Union (ACLU), the ACLU of Arkansas, and the National Women’s Law Center (NWLC) — filed an amicus brief in the U.S. Court of Appeals for the Eighth Circuit in support of the Equal Employment Opportunity Commission’s (EEOC) regulations implementing the landmark Pregnant Workers Fairness Act (PWFA), including the regulations’ explicit protection for workers who have abortions. The PWFA, which took effect last year, was the culmination of a decade-long campaign to secure access to reasonable accommodations for workers with temporary limitations caused by “pregnancy, childbirth, and related medical conditions.” The EEOC’s regulations provide comprehensive guidance to workers, employers, and the courts about the statute’s range of protections, including job-protected time off for medical treatment and recovery. The amicus brief filed in the U.S. Court of Appeals for the Eighth Circuit supports the EEOC in a challenge by 17 red states that are trying to block the PWFA regulations’ coverage of accommodations for abortion-related care. In June, the U.S. District Court for the Eastern District of Arkansas dismissed the states’ challenge, and the states appealed to the Eighth Circuit. Their appeal includes a request that the Eighth Circuit issue a preliminary injunction of the regulations’ abortion provisions. The ACLU-NWLC brief details the federal law’s longstanding ban on discrimination against workers who obtain abortions – protection the PWFA intended to continue. The brief also documents the accounts of workers whose health and jobs were put at risk when their employers denied them accommodations, including time off, for abortion care. Such accounts illustrate the urgent need for clarity with respect to the PWFA’s coverage of abortion-related accommodations, and the devastating medical and financial consequences if such accommodations are denied. “Abortion has long been recognized as part of the full spectrum of workers’ pregnancy-related needs that are protected by the law, ” said Gillian Thomas, senior staff attorney at the ACLU’s Women's Rights Project. “The states’ challenge has created uncertainty, and seeks to deprive workers of essential, job-protected time off for abortion care, posing significant health risks and leading to forced pregnancies. The EEOC regulations are vital to ensure pregnant workers don't have to choose between their health and their jobs.” “Extremist politicians are demonstrating repeatedly their willingness to risk women’s health to advance their anti-abortion agenda,” said Gaylynn Burroughs, vice president for Education and Workplace Justice at the National Women’s Law Center (NWLC). “Let’s be clear: abortion care is pregnancy-related care, and stripping essential protections for abortion from the PWFA would endanger the health and economic security of pregnant workers.” “The Pregnant Workers Fairness Act and its regulations provide a lifeline for workers who need accommodations during the most critical periods of their lives. Attempting to strip away these protections, particularly for abortion-related needs, is an affront to the rights and well-being of pregnant workers,” said John Williams, legal director of the ACLU of Arkansas. “All people in all aspects of pregnancy, including abortion, should be treated with the care and consideration they deserve. We stand firmly with the EEOC in defending these essential protections.” A copy of the brief can be found here. -
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Press ReleaseJul 2024
Women's Rights
LGBTQ Rights
ACLU Condemns House Measure Against Department of Education Title IX RuleACLU Condemns House Measure Against Department of Education Title IX Rule
WASHINGTON – Today, the U.S. House of Representatives voted to pass H.J. Res. 165, a Congressional Review Act resolution disapproving of the U.S. Department of Education’s final Title IX rule providing guidance to schools on protecting students from sexual harassment, pregnancy discrimination, anti-LGBTQ discrimination, and other forms of sex discrimination. Mike Zamore, ACLU National Policy and Government Affairs Director, had the following response: “Today’s vote to completely repeal the Title IX rule takes a sledgehammer to the government’s ability to ensure that all students have the opportunity to learn free from sex discrimination and harassment. Stripping critical civil rights protections from LGBTQ students and students who are pregnant and parenting - as this resolution would do - is something that all members of Congress should strongly oppose. This is also not how Congress should act to protect the rights of students who face disciplinary action under Title IX because passing this resolution would prevent future rulemaking to ensure fair processes in school disciplinary proceedings.” The ACLU’s letter urging a “No” vote on H.J. Res. 165 can be found here: /documents/aclu-urges-no-vote-on-h-j-res-165 The ACLU’s statement on the final Title IX rule can be found here: /press-releases/155090