Can organization use gender to increase work group composition diversity?Is this a legitimate exception to law

Southwood Psychiatric hospital is a treatment facility w/ an emphasis on the treatment of emotionally disturbed & sexually abused children. when hospital mngt. reassigned a female childcare specialist to the night team, she charged sexual discrimination. she charecterized her new assignment as less desirable than being part of the day treatment and claimed it was made on the basis of her gender. hospital mngt. readily conceded the charge was true; the hospital had assigned her to the night team because she was a female employee. ordinarily. making any kind of personnel decision on the basis of gender is illegal -unless gender is a bona fide occupational qualification (such as in selecting attendant for restroom facilities.) the hospital argued that it attempted to provide gender diversity w/ in its treatment teams in order to provide better care of female patients who might feel more comfortable when talking to female staff members or to male patients who might relate to male staff.

3 years ago - 1 answers