Jottings By An Employer's Lawyer

Monday, February 23, 2004

West Virginia Court Sends Male Obstetrical Nurse Case Back to Trial Court

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.

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