When is sexual / gender discrimination in the workplace legal?

Question

I work in forensic psychiatric nursing and am being prevented from doing certain tasks at work because I am female. These include restricting my access to certain patients because of their offending history. Whereas I appreciate that the trust must consider the safety of its employees, it is my choice that I be treated in an identical manner as male members of staff as I am paid the same amount. Please note I am not talking about gender appropriateness regarding dignity, (bathing etc), I am refering to my employees questioning my ability to carry out my job in a safe way because I am female. What are my rights in this situation? Serious answers only please.

Should probably add that I'm not asking to search anybody, or anything like that. Nor am I saying any rules should be changed. I am refering only to MY right to be treated in the gender role I choose. An extreme example of the point that I could choose to officially live my life as a man and employers would have to treat me as such. I shouldn't have to go that far to be treated the same as the men.
I also take full responsibility for my choice and and not going to sue anyone.

Answer 1

Use common sense and logic. If a male patient has a history of beating and raping any female nurse who is near, then do you still want to be treated equally? Why should the facility take that risk, whereby if you were harmed, you will sue them for allowing you near the patient in the first place. If a female patient has a history of crying hysterically whenever a male nurse approaches, should that male nurse be able to sue for access to said patient? You question sounds like a fisihing expedition for some unethical barrister who will tell you to sue, sue, sue.

Answer 2

The answer to this question depends on the actual history of the individuals in detention, or treatment, at the ward. Which patients would these be, is a question for a person specialized in forensic psychiatry.

If patients have violent tendencies towards women, then it is unsafe for both you and the patient, if his tendencies act up because of your presence. A person who is detained against his will has a right not to be exposed to situations which may prove unhealthy. Although this sounds paternalistic, a patient may later claim that the presence of females was a disturbing factor known to the institution. Thus, the institution may be liable to him.

On the other hand, on some states and in some very limited circumstances in others, your employer may be liable to you if you can establish that you were negligently exposed to an unnecessary risk in the workplace.

These instances do not qualify as discrimination that is actionable under current employment or civil rights statutes. This is so, because in order for discrimination to be actionable it cannot seek to enforce a compelling interest for the employer, which cannot be served through other means. In this case, neither you nor the insitution may be able to change the fact that you are a female, or that in a particular moment, a patient may be bothered by your presence. So, this type of discrimination would not be actionable.

Answer 3

Hi.

Good question. Although your employer's intentions are good, under federal law, they cannot deny you the same opportunity soley upon gender. The exceptions are what you have listed. Unless there are some physical restrictions and/or the employer requires an additional person(s) help you, there might not be able permissible reason for this practice. But to be certain, I suggest you contact your local law library. Your county and/or city should have a law library.

Link to Title VII listed below.

-Leon S

p.s. Make sure this [your work environment] is something you really want to change and is a feasible change. And present options to the employer. For example,

1. Have one or more people assist you and others that might be in danger.

2. Allow the patients to request is they want a male and/or female staffer. Sometimes this is important to their recovery. And they should not be upsetted.

I'm sure there are other options.

Be constructive in your efforts to resolve situation. Don't force something just because you can yet have no plan, no options, or didn't consider thoroughly the safety concerns and/or the concerns of the patients.

Answer 4

That doesn't sound like a good situation. You're there to do a job and you want to, yet you're being kept out for different reasons. If you aren't offended by the patient, what's the deal? Are we talking sexual/violent offenders? Is there a fear they will make rude comments or attempt to do something? Is there any kind of security already in place? Heck, think about it - in the doctor's office, if a male doctor is going to do certain procedures, he has to have someone with him. (for protection) Why would this be any different? I mean in allowing you to do you job?

Many times females have to work harder to earn respect, so this isn't helping any. Is it because the patients won't take you seriously? How can they, when your employer isn't? Not a good cycle. Are you the only female around? Are there others going through similar situations or do others find it okay?

I'm assuming you've talked with your supervisor (sounds like it) and may have already started up the chain. Is there any kind of national organization that could back you up? Is there anything in your employment agreement/contract keeping you out of specific things? I can't imagine how frustrated you must be feeling.

I don't know your specific rights. Might need to do something with civil liberties (I can't think of the right name of the government office.) It could make things a little rough at work, but you already know that. It makes me think of those situations we've seen on TV, like when a woman becomes a firefighter. They don't know whether to treat her like one of the guys or ignore her. Just let her do her job! Same with you! Good luck, and keep at it. Sounds like you need this (support to do your work) for your own peace of mind.

Answer 5

i also work in a similar job as yourself,i am prevented from doing certain tasks because I'm male,i don't feel my ability is being questioned , i feel the procedures, and guidelines ,are there for my protection ,some of the patients i work with are very confused /dangerous , the only way a female could work with these people in a safe way would be to have "male presence" . staffing levels these days do not permit this.

Answer 6

There is a piece of legislation in employment law that exempts certain occupations from certain areas of discrimination law.

These are called Genuine Occupational Qualifications (GOQs).

For example a hostel for vulnerable teenage girls may only be staffed by women under this exemption.

This occupation may well fall under this category.

The other thing here is that your safety is of great importance to the Trust because they are liable in law.

It is OK being a martyr but think of it as them looking after you.

Either way, there is an implied term of a duty of fidelity on your part in your contract of employment and if they say you can't do something that is pretty much what it means and in this case they can possibly justify the "discrimination" on the grounds of health & safety and GOQ.

Hope this helps.

Answer 7

I imagine it's probably for your own safety rather than anything else. Some patients might have a history of hatred, violence, or just plain disrespect towards women. Could be any reason like that. It seems only fair that your employer should try and protect you from this. :-/

Answer 8

Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 3. This amendment shall take effect two years after the date of ratification

The 15 states that have not ratified the ERA are Alabama, Arizona, Arkansas, Florida, Georgia, Illinois, Louisiana, Mississippi, Missouri, Nevada, North Carolina, Oklahoma, South Carolina, Utah, and Virginia

The Equal Rights Amendment affirms that both women and men hold equally all of the rights guaranteed by the U. S. Constitution. It would provide a remedy for sex discrimination for both women and men, and give equal legal status to women for the first time in our country’s history.

Answer 9

That's a tough one because they might not do that for all but feel your qualifications are laking you need to have a conference with your employer to see what there reasons are before you play the gender card.

Answer 10

Its not discrimination. in spite of the fact that this is a slightly sexist generalisation, and poorly conceived gown code. superb suggestion on your buddy may be to placed on a experience like they have asked, albeit for human beings with shorter hair, and in the event that they undertaking him, dont budge. Insist on donning the experience and not the robe. in the event that they circulate to discipline him or fire him, then i'm particular (albeit i havent studied employment regulation yet) he will beable to take them for unfair dismissal based on the reality that their gown code is thoroughly unreasonable. on the different hand, not so stable suggestion may be to easily placed on the robe to embarrass the business enterprise! and clarify to all that its the robe code, and perhaps get them to sign a petition hes written against it.