Title VII Protections for Inmates: A Model Approach for Safeguarding Civil Rights in America’s Prisons

Since the enactment of the Civil Rights Act of 1964, the federal courts have disagreed on whether the powerful employment protections of this Act apply to one of the largest workforces in American society: prison inmates. Despite dozens of opinions from the federal courts, there has been no resolution of this issue. This Note examines the circuit split on Title VII rights for prison inmates and proposes a model for facilitating Title VII claims by prisoners. Part I explains the development of the prison labor system in the United States and the importance of Title VII employment protections for American society. Part II examines the split of authority among the circuit courts on Title VII protections for inmates. The Tenth Circuit prohibits Title VII suits by inmates, while the Ninth Circuit and others have allowed inmates to bring Title VII claims. Part III argues that the Tenth Circuit has adopted a flawed analysis for denying these employment protections. Rejecting the Tenth Circuit’s analysis, Part III argues that the federal courts should engage in a detailed fact-intensive inquiry into the relationship between the inmate and the prison facility to determine whether a qualified employment relationship exists. Finally, Part III proposes a more thorough analysis to guide courts in determining whether an inmate is covered by Title VII.