Mercy Health Center in Oklahoma City, Oklahoma, was a hospital that provided extensive medical services, including obstetrical and gynecological care. The labor and delivery area of the hospital hosted an average of 148 deliveries a month. Between 40 and 50 percent of those births were lifethreatening to the mother or infant and were therefore classified as high risk. Staff nurses in the labor and delivery area were involved in extensive contact with the expectant mother. Their duties included assessment and examination of the mother, which consisted of frequent contact with the mother's body. To minimize the tension, fear, and stress that accompanies the labor and delivery experience, Mercy did not hire males for the position of staff nurse in the labor and delivery area. The hospital cited its paramount concern for the privacy and comfort of the mother as a basis for its policy. Mercy also conducted a survey of parents involved in prenatal classes and found that 60 to 70 percent of the mothers and a larger percentage of the fathers objected to the use of male nurses in the labor and delivery area.

Andre Fontain applied for a job as a staff nurse in the labor and delivery area at Mercy. Because of the policy, he was denied employment.

Through the EEOC, Fontain alleged that Mercy discriminated against him on the basis of sex in violation of Title VII. The hospital denied the charge of discrimination.

Has Mercy violated Title VII? If so, what defense, if any, is available to the hospital? Decide the case. [EEOC v. Mercy Health Center, 29 FEP 159 (W.D. Okla.)]