The Masonic nursing home has mostly female occupants and hires fewer male attend
ID: 416520 • Letter: T
Question
The Masonic nursing home has mostly female occupants and hires fewer male attendants than female ones. Home administrators maintain that the female occupants (for privacy reasons) would not consent to intimate personal care by males and would, in fact, leave the home. A substantial portion of the women at the home are "total care" patients who require assistance in performing virtually all activities, including bathing, dressing, and using toilets, catheters, and bedpans. In a suit brought by a male nurse's aide who was denied employment, who would win? Fessel v Masonic Home, 17 FEP Cases 330(Del. 1978)]Explanation / Answer
Perhaps Masonic will win. Under Title VII, sex discrimination is permitted under the BFOQ exemptions. BFOQ stands form Bona-Fide Occupational Qualification and refers to the necessary form of discrimination in order to run the normal operations of the business concerned. In order to get the BFOQ advantage, the employer must demonstrate the two important points -
The first point is evident because the female patients will be having privacy issues which being provided care by a male nurse. The second point can also be substantiated because consider the small size of the home. Most of the occupants are female. If the employer hires a male nurse, it may not be possible for it to provide a full-time schedule to him for treating the male patients (or, female patients having needs which do not call for privacy matters). So, the court will consider the discrimination as legitimate considering the BFOQ to be valid and will most probably give a verdict in favor of Masonic.
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