ls, but they will now be assisted by Hooters Persons hired without regard to gender.Male Nurses/Nurse Assistants A manager may make hiring decisions based a number of criteria: education, experience, personality, even gut feelings. Nurse managers, responding to perceived patient privacy needs, sometimes hire applicants based on gender. The patient privacy issue concerns personal patient care, including bathing, dressing, or toileting assistance. As the frequency of this type of interaction occurs, a patient may claim that their privacy rights have been violated. This example will discuss whether employers can legally refuse to hire or assign male nurses to positions where the privacy rights of their patients are involved. One of the earlier cases under Title VII was brought on by a private duty male nurse who alleged that the hospital engaged in sex discrimination by not allowing him to care for female patients. On two occasions this male nurse was assigned to provide private nursing care to female patients. Before he entered the prospective patients rooms, hospital staff informed him the he couldnt work for the female patients because he was a male. Since he never tended the patient, he was never paid. The court found that the hospital had discriminated against him based on his sex by denying him access to the patients and not allowing the individual patient to determine whether to accept the male nurses services (Hawke, p.59). In Fesel v. Masonic Home of Delaware (Hawke, p.59), an institution used the privacy rights of female patients in their defense. A residential retirement home with a predominately female clientele denied a male nurse employment. The district court required the employer to prove that it had a factual basis for believing a male nurse would undermine the essence of the employers business. The employer also had to show that he couldnt assign the job responsibilities in such a way that there woul...
