San Francisco sheriff deputies have filed lawsuits in both state and federal courts accusing their boss, Sheriff Michael Hennessey, as well as the city, of gender-based discrimination and violating their rights under state and federal workplace guidelines.

The suits stem from the sheriff department's decision last October to consolidate all female prisoners into a county jail south of Market Street and restrict male deputies from working inside the jail's female-only section. In the past, male deputies had been able to work in the female section, called a pod, as long as the primary deputy on staff was female.

"They are making women take the brunt of physical abuse when they could protect everybody a hell of a lot more by having men and women in the pod," said attorney Lawrence D. Murray, who is legal counsel for the deputies in both lawsuits.

Murray said the state's penal code outlaws discrimination in assignment of work based upon gender.

"The state of California already said you can't do it. Our sheriff's department thinks they are above the law," said Murray. "The purpose of going forward with the lawsuit is to get an order prohibiting this policy from a federal judge."

A spokeswoman at the city attorney's office said that because they were just served with the federal and state cases, they could not comment.

Sheriff's spokeswoman Eileen Hirst defended the policy as one that benefits both inmates and staff.

"The sheriff feels this is in the best interest of both employees and prisoners," she said.

Female deputies assigned to work in the female-only jail disagree. In a March letter to Hennessey, Deputy Sharon Castillo wrote she "rarely" works elsewhere and feels her "experience is very limited now and the ability for me to advance in my career is very limited to none."

The five-year veteran of the department wrote that she used to look forward to coming to work, but since the policy change was instituted, she now dreads it. She said she has lost her appetite and is losing weight due to the stress she now encounters on the job.

"Almost everyday when I do come into work, my stomach aches and it's in knots," wrote Castillo. "I get an overwhelming feeling just thinking about work and I feel the stress I am exp

Deputy Sheriff Lisa Janssen. Photo: Rick Gerharter

Hennessey responded in his own letter that he disagrees with the contention that requiring only women deputies to staff the female jail pod violates anyone's rights or reduces their chances at being promoted within the department.

He noted the policy switch was made due to complaints about women staff being held over at the city's Hall of Justice to fulfill requirements that a female staffer be on duty. By placing all female prisoners inside County Jail #8 next door, Hennessey argued that "in some cases" fewer women are needed to be on duty to meet minimum staffing levels in the female-only section of the jail.

He also added that, "a condition of employment with this department is the willingness to work in any assignment, on any shift, with any days off. I am disappointed when employees forget this and believe they are somehow entitled to work some, but not all, assignments within the department."

Several members of the command staff are also accused in the federal lawsuit of retaliating against three female deputies, including out lesbian Lisa Janssen, after they voiced complaints about the female-only policy. In January, Janssen received a reprimand from Chief Thomas Arata, who informed her during a disciplinary hearing that deputies are not allowed to question or complain about orders "even if the orders are discriminatory," according to the lawsuit.

Janssen, a former Air Force X-ray technician who lives in Vallejo, has worked as a deputy sheriff for 15 years. She said her being reprimanded for bringing up legitimate concerns about her working conditions came as a shock.

"For me to be accused of insubordination just took me by surprise," said Janssen.

Janssen is normally assigned to work at a different jail, but at times she is ordered to work in the female pods in County Jail #8. The assignment is more dangerous than working in the male pods, said Janssen, because female prisoners tend to be more violent and have access to more items that can be potential weapons.

"I feel like Linda Blair. My head is constantly spinning," Janssen said of when she works in the female-only jail.

Janssen, 45, said it makes no sense to restrict male deputies from working with female prisoners.

"I work with male inmates all the time. You treat the person, you do not treat the gender," she said. "If you have two employees working that pod, why can't one be a man? It shouldn't be so restrictive that only female deputies can work there."

Along with complaints from female deputies, who claim they are now at more risk for injury because of the policy, male deputies charge the policy hinders their ability to work overtime hours. Instead of being based on seniority, as had been the practice and required under the union's collective bargaining agreement, extra shifts and days off requests are now assigned by gender.

The deputies' union has said the policy also hurts the department's ability to recruit new female employees and negatively impacts morale.

"Our morale is six feet under the dirt," said Deputy Sheriffs Association President Dave Wong, who has pulled papers to run against Hennessey, who is up for re-election in November. Two other deputies also have signaled they plan to enter the race this fall.

Wong said the timing of the lawsuits has nothing to do with the campaign. He said last fall the union tried to work with Hennessey and his command staff in changing the policy, and only after those discussions went nowhere, did the union move forward with its lawsuit.

"We didn't create the policy. We only asked them not to implement the policy. So it is the department's decision to implement the policy and we have to fight it," said Wong.

The federal lawsuit, filed in U.S. District Court, Northern District of California, could cost the city more than $1 million in civil penalties. It also seeks myriad other penalties for the deputies, including damages for physical and metal pain and emotional distress; compensation for lost wages and benefits; and coverage of medical expenses.

The city could also be forced to pay an untold amount in lost overtime pay and vacation days in the state case, a class action brought in February by the Deputy Sheriffs Association on behalf of the union's 800 members. A case management conference in the case is scheduled for August 31, but Murray said it is likely the case will be dismissed and the six deputies who brought the suit will join the federal lawsuit.