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The written analysis should be approximately 2-3 pages total; use parenthetical citations and a corresponding works cited list when referencing specific information from the text or other sources, and follow other prescribed guidelines for APA format. Breiner v. Nevada Department of Corrections 610 F. 3d 1202 (9th Cir. 2010)
1. What was the legal issue in this case? What did the court decide?
2. Why did the court reject the NDOC’s “de minimis” argument?
3. What criteria for establishing a BFOQ are discussed in this case?
4. Why was the NDOC’s BFOQ defense not success ful? How is this case different from other corrections cases in which the BFOQ defense was established? 5. Do you agree with the court’s decision? Why or why not?
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