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. A suit was brought by a male nurse's aid who was denied employment. What is the male nurse's best legal claim? What are the legal arguments for both the male nurse and the Masonic nursing home? Which side is most likely to win? Why?
The male nurse can claim that discrimination is being shown towards them and when they are equally trained and qualified as female nurses, they must also get the jobs. The nursing home can claim that the job demands female nurses to be appointed as there are more female occupants and they would feel uncomfortable with male nurses even when it is just their profession. The nursing home might win the case on ethical grounds as it is helpful for the occupants of the nursing home who require total care if they have same gender nurses helping them .
The Masonic nursing home has mostly female occupants and hires fewer male attendants than female ones....