(1) In accordance with 42 USC 2000e, et seq., the Department of Corrections shall not engage in any act or practice which has the purpose or effect of unlawfully discriminating against any female employee or any female applicant or potential applicant for employment in the Florida Department of Corrections in a security position because of such individual’s sex. The department shall seek to achieve the employment of females in security positions in the department in proportions approximating their interest in and ability to qualify for such positions. This shall not be interpreted as to require the hiring of unnecessary personnel or the hiring, transfer, or promotion of any person who is not qualified.
    (2) For the purposes of this rule, the following definitions shall apply:
    (a) Correctional Officer – means the entry-level position of Correctional Officer and the position of Correctional Officer Sergeant in the department assigned to security, unless otherwise indicated.
    (b) Correctional Officer Supervisor – refers to the promotional line of progression in correctional officer positions, i.e., Correctional Officer Lieutenant, Correctional Officer Captain, Correctional Officer Major and Correctional Officer Colonel, or their equivalent designations.
    (c) Security positions, posts, shifts or assignments – refers to those positions, posts, shifts or assignments where correctional officers within the Department of Corrections’ security department serve.
    (d) Correctional facility – refers to all institutions or facilities which are now operational or become operational within the department, and which are administered directly by the Department of Corrections.
    (3) All security positions, posts, shifts and assignments at all Department of Corrections’ facilities shall be open to women on an equal basis with men, except that the Secretary of the Department or his designee may designate certain security positions as gender specific to the inmates being supervised based on the privacy and security interests of inmates, staff, and the general public. In designating specific security positions, posts or assignments within an institution which are to be gender specific, the secretary or his designee shall consider whether such post, position or assignment was previously open to or staffed by female correctional officers or supervisors. No female correctional officer or supervisor currently in such position, post or assignment shall be involuntarily reassigned, transferred or otherwise removed on the basis of gender.
    (4) All females currently holding security positions in the department who are otherwise eligible for promotional security positions shall be considered eligible for those promotional positions regardless of their lack of prior experience in housing or other assignments involving significant contact with offenders.
    (5) No person shall be retaliated against or adversely affected because that person has opposed discriminatory policies or practices by the department or because of that person’s participation or cooperation with the initiation, investigation, litigation or administration of any claim of unlawful gender discrimination.
Rulemaking Authority 20.315, 944.09 FS. Law Implemented 20.315, 944.09 FS. History-New 12-20-92, Formerly 33-4.011, Formerly 33-208.301.