West Virginia Court Sends Male Obstetrical Nurse Case Back to Trial Court
by Michael Fox
Brian Peterson's Legal Weblog has the link and a good discussion of what the West Virginia Supreme Court reuires to establish a bona fide occupational qualification defense in a sex based discrimination case, where gender is the issue. Here, the hospital won summary judgment that being female was a bfoq for being an obstretical nurse. As Brian explains the court reversed and sent it back with directions on what was needed to establish the defense.