Roger Bishop Case

Roger Bishop is a registered nurse at Sumner County Hospital. Roger is on duty one evening when Mildred Dirkson calls for assistance. When Roger attempts to assist Mildred, she admonishes him that she called for a nurse. Roger explains that he is a nurse, but she wants no part of him. Roger queries Mildred about the fact that she would have no problem having him touch her if he were a physician. The next day Mildred's family complains to the hospital administration, and Roger is assigned to an all-male ward. The hospital justifies its action by asserting it is a BFOQ. Roger claims that this behavior is discriminatory because female nurses are not confined to servicing exclusively female patients. Who is correct? Roger! The hospital's action was not justified. BFOQs do not apply to one sex but not the other. Hospitals cannot discriminate in deference to their patients' preferences. The patients must accept the hospital staff as long as those individuals are qualified. What if Mildred's request concerned applying medication to or washing the genital area? Every accommodation should be made in this regard if there are female nurses available. Respecting privacy is important. But patients who are hospitalized must have physicians on duty, who are predominantly male, and who view the patients' private parts if the need arises and their private physician is not available. So, too, with nurses. Another option is for Mil

...