Connect with us

State News

Virginia prison agency discriminated against female employee in tampon case, jury rules

Published

on

A jury found Monday that the Virginia Department of Corrections discriminated against a former employee who was fired after a body scanner detected a tampon she was wearing and officials suspected she was carrying contraband into the prison.

The jury, which heard the case in the U.S. District Court for the Western District of Virginia, awarded the former employee, dental hygienist Joyce Flores, $85,000 in damages. Judge Elizabeth K. Dillon will consider additional damages for back pay and attorney fees at a later date.

In a statement issued after the verdict by Butler Curwood, PLC, the firm representing Flores in the case, attorney Paul Falabella said that “no one should be terminated from work for using a tampon.”

VDOC spokesperson Benjamin Jarvela said the agency had “no comment at this time.”

The case stems from a July 17, 2019, incident when Flores first entered the Augusta Correctional Center for the day’s work wearing what she described as a heavily saturated tampon after a two-hour commute. While Flores initially cleared security, she later removed the tampon and temporarily replaced it with tissue paper after realizing she had forgotten a replacement.

Shortly after inserting the tissue paper, Flores was asked to go through the security checkpoint again after officials flagged what they said were suspicious images on the earlier body scan that could be contraband. Questioned on why the two scans looked different, Flores offered to demonstrate to female security officers that she was menstruating and then inserted another tampon to go through the scanner a third time.

Neither questioning of Flores nor K9 searches of the facility’s medical unit and the dental area turned up any contraband.

Flores was later placed on administrative leave and then fired. She filed a lawsuit in November 2021 against the Department of Corrections, alleging that she had been unlawfully fired on the basis of her sex and asking for $300,000 in damages.

“At no point did plaintiff bring or attempt to bring contraband into (Augusta Correctional Center),” the lawsuit states. Her “employment was terminated because she was a menstruating female utilizing a feminine hygiene product when she arrived to work.”

In February 2021, U.S. District Judge Thomas Cullen ruled the sex discrimination suit could go forward over objections from the VDOC.

“But for Flores’s menstruation and use of a tampon — conditions inextricable from her sex and her child-bearing capacity — she would not have been discharged,” he wrote.

In a court filing in response to Flores’ complaint, VDOC contended that its response to the incident was “appropriate” and in response to “legitimate custodial and security interests.”

“The shape of the anomaly” revealed by the body scan “was that of an unknown object with a tie around the end — similar to the manner in which illegal drugs are packaged and shipped for distribution,” the agency said. It also said a female security program coordinator had reviewed the scan and “agreed that an anomaly was present.”

Tampon usage became a political flashpoint for the Department of Corrections in 2018 when it instituted a policy barring female visitors from wearing tampons into facilities. The agency said body scanners couldn’t distinguish between tampons and contraband such as drugs that could be transported in the vagina.

While VDOC formally rolled back the policy, officials told the General Assembly in 2019 that correctional facilities were still blocking female visitors wearing tampons from visiting inmates in person, instead directing them to conduct the visit through a glass partition or video feed.

The Department of Corrections repeatedly said in its response to Flores’ complaint that “at no time were individuals working at VDOC facilities prohibited from wearing tampons, menstrual cups or other feminine hygiene products to work.”

Flores acknowledged in her lawsuit that the agency hadn’t barred workers from wearing tampons or other feminine hygiene products.

“However, employees pass through the same body scanners when arriving to work each day as offender visitors do,” her suit noted. “Therefore, the same issue of ‘not being able to tell if it’s drugs or a tampon’ applied to employees wearing tampons and/or menstrual c[u]ps to work at VDOC facilities.”

by Sarah Vogelsong, Virginia Mercury

 


Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

Front Royal, VA
54°
Cloudy
6:46 am5:06 pm EST
Feels like: 48°F
Wind: 11mph W
Humidity: 52%
Pressure: 30.01"Hg
UV index: 0
SunMonTue
64°F / 43°F
63°F / 37°F
72°F / 43°F
Local Government12 minutes ago

Front Royal Calls for Voluntary Water Conservation as Shenandoah River Levels Drop Again

Community Events45 minutes ago

Salvation Army Kicks Off Red Kettle Campaign in Front Royal, Calling on Community to Ring the Bell

Historically Speaking56 minutes ago

Constitution 101: Intellectual Property Clause

Obituaries7 hours ago

Charles Frederick “Chucki” Henry II (1963 – 2026)

Local News9 hours ago

After 164 Years, Young Civil War Soldier Finally Laid to Rest at Arlington National Cemetery

Health9 hours ago

The Cheapest Medicare Plan Could Cost You More: Three Things to Check Before December 7

Interesting Things to Know10 hours ago

Can Sound Waves Put Out a House Fire? Startup Says Its Technology Could Replace Sprinklers

Local News24 hours ago

VDOT: Warren County Traffic Alert for Nov. 9 – 13, 2026

Livestream - WCHS1 day ago

River Rivalry Showdown Tonight: Warren County vs. Skyline Live on Royal Examiner

Local News1 day ago

Virginia Changes Driver’s License Requirements for Young Adults Starting January 1

State News1 day ago

GOP Lawmaker Seeks Senate Investigation, Possible Expulsion of Sen. Louise Lucas

State News1 day ago

At SCC hearing, Virginians say Dominion-NextEra merger could mean higher bills, new risk

Opinion1 day ago

Commentary: In This Year’s Midterms, the Rest of the Country Learned What Virginia Has Known for a While

State News1 day ago

Voter turnout for Virginia’s constitutional amendments transcended partisanship

State News1 day ago

Virginia’s Abortion and Marriage Amendments Face Court Challenges Following Voter Approval

National News1 day ago

Democrats Won Congress. Now They Have to Figure Out How to Deal With Trump

Business Growth Series1 day ago

Business Growth Series: Clear Thinking Leads to More Customers

Community Events1 day ago

Reaching Out Now Brings Back the Old-Fashioned Telethon With a Modern Twist for Giving Tuesday

Interesting Things to Know1 day ago

A Boy, a Marine, and a Christmas Wish List: The 1997 Toys for Tots Commercial Still Touches Hearts

Health1 day ago

Forgetfulness or Alzheimer’s? Warning Signs Families Shouldn’t Ignore

Interesting Things to Know1 day ago

Pulled Over by Police? Why You Shouldn’t Reach for Your License Right Away

Local News1 day ago

Scouting for Food Returns November 7 and 14 to Help Feed Families Across the Shenandoah Valley

Local News2 days ago

Front Royal Named 2026 Top Adventure Town by Blue Ridge Outdoors Magazine

Local Government2 days ago

County Supervisors Get Overview of Inland Port Benefits, Review Town/County MOU on Future Tourism Initiatives

Local News2 days ago

Front Royal High School Seniors Can Apply for $3,000 Electric Utility Scholarship