Cengage Advantage Books: Foundations of the Legal Environment of Business 3rd Edition by Marianne Jennings

Exercise 4

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. In a suit brought by a male nurse's aide who was denied employment, who would win? [ Fessel v Masonic Home, 17 FEP Cases 330 (Del. 1978)]