; (B) in subsection (f), by inserting (including an incarcerated worker) after an individual the first place it appears; and (C) by adding at the end the following: (o) The term correctional facility means a jail, prison, or other detention facility used to house people who have been arrested, detained, held, or convicted by a criminal justice agency or a court. (p) In subsections (b) and (f), the term employ has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (q) The term incarcerated worker means an individual, incarcerated or detained in a correctional facility operated by a public agency or by a private entity through a contract with a public agency, who performs labor offered or required by or through the correctional facility, including labor associated with prison work programs, work release programs, the UNICOR program, State prison industries, public works programs, restitution centers, and correctional facility operations and maintenance. . (2) Exception Section 703(a)(2) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(a)(2) ) is amended by inserting , except that a correctional facility may segregate incarcerated workers into separate facilities by sex if necessary to maintain privacy or institutional order before the period. (3) Conforming amendment Section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) is amended by adding at the end the following: This section shall not apply to a Federal department, agency, or unit that operates, directly or by contract, a correctional facility, with respect to employment of persons including incarcerated workers. . (b) Americans with Disabilities Act of 1990