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Legal Eagle Eye Newsletter
For the Nursing Profession
PO Box 1342 Sedona AZ 86339
(206) 718-0861
Quick Summary: Having a women-friendly environment on the OB/GYN unit does not necessarily mean the institution discriminates against male nursing applicants.
If male nurses are deemed equally suited as female nurses to care for female patients, and hiring of male nurses is not precluded, there is no gender discrimination.
UNITED STATES DISTRICT COURT, FLORIDA, 1998.The U.S. District Court for the Southern District of Florida upheld the established legal principle that a male nurse who is turned down for a nursing position in favor of a female applicant may have the right to sue for gender discrimination in employment.
However, like any other person filing a gender discrimination lawsuit, a male nurse has to prove each of the elements of his case to the court’s satisfaction. The nurse must prove he had all the legitimate qualifications for the position, that he actually applied for the position, that he was rejected despite his qualifications, and that the position was filled by a female applicant.
The court ruled an employer is not liable for gender discrimination simply for requiring an applicant to possess the employer’s legitimate minimum expectations for a particular nursing position. The court said this hospital’s personnel posting and newspaper classified ads were legitimate in requiring two years recent med/surg nursing experience.
The nurse in question had specialized training in ob/gyn and fill-in staff experience in ob/gyn, but no recent general med/surg experience, a legitimate core expectation for a successful applicant, in the courts view.
The hospital was also on solid ground to insist an applicant document his prior work experience and make account for time gaps in his or her employment history. As a general rule, an applicant who fails in either of these areas can be turned down and not claim gender bias later, the court pointed out.
The nurse somehow had obtained a copy of a fax the hospitals male chief operating officer had sent to the state hospital association asking for a legal opinion whether the hospital could have an all-female hiring policy in the ob/gyn unit.
The court ruled that hospital managers seeking policy guidance on gender discrimination issues is not proof of conspiratorial intent to discriminate. And there was also no proof the chief operating officer had any input whatsoever in the hiring process, regardless what his attitudes happened to be.
The court also ruled that a hospital ob/gyn unit serving
only female patients can establish a formal policy of fostering a women-friendly
environment for female patients. As long as male and female nursing applicants for the
unit are considered solely on non-gender-related qualifications, the court said there is
no gender discrimination.
Wheatley v. Hospital, 16 F. Supp. 2d 1356 (S.D. Fla., 1998).
More from
nursinglaw.com
http://www.nursinglaw.com/discrimination-male-nurse.htm
http://www.nursinglaw.com/malediscrim.htm
http://www.nursinglaw.com/discrimination-male-CNA.htm