A hospital posted two job vacancies for nursing positions, one in the critical care unit (CCU) and

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A hospital posted two job vacancies for nursing positions, one in the critical care unit (CCU) and the other in the operating room (OR). A male nurse who had worked at the hospital for approximately six years applied for a transfer to the CCU position and his request was approved. Under hospital policy, transfers were initiated by submitting a “request for transfer” form that had to be approved. Generally, employees had to be in a position for at least months before becoming eligible to transfer to other positions. Shortly before starting the new CCU position, the male nurse decided that it would be valuable to have OR experience, which at that point he was lacking. He approached the OR supervisor to ask if she would consider him for the OR Position and train him. During the conversation about the OR position, the OR supervisor allegedly stated that “I have to discriminate against you because you’re a man, but the doctors want more female nurses in the OR.” Her exact wording is now disputed, but the supervisor admits that she told the male nurse that she wanted to fill the position with a woman to have the right mix of patients to staff. The male nurse reported the conversation to other hospital managers, but never completed a “request for transfer” form for the OR position. He did not receive the OR position. Instead, the job was filled by a female nurse with eleven years of OR nursing experience. One other female nurse had applied for the OR position, but she was rejected on the grounds that she had no OR experience. The male nurse sued for sex discrimination. What should the court decide? Why? (EEOC v. Audrain Health Care, Inc., 756 F.3d 1083 (8th Cir. 2014)).

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