Quote:
Originally posted by Mmmm, Burger (C.J.)
Why would a properly trained doctor be any different in his/her treatment of you depending on his gender or race?
As for ncs's earlier proposal (you can choose, but your insurer can't be forced to provide you what you want) doesn't stand up. It means that insurers/doctors have to hire a bunch of people to sit around because no one wants them. Like forcing hooters to hire male waiters--what's the point, to require them to pay people to do nothing?
The reason i raised this tangential issue is principally curiousity, provoked by two things: Sidd's jury experience and my and club's law school experience. I started almost the exact same discussion in a law school sex discrim. class. To wit, we all agreed that a restaurant could not hire only whites to serve its patrons, even if the patrons wanted white waiters. Next step, true for women too? Of course, and the same legal test should apply--no exceptions. So, what about doctors/personal care I asked? What, huh, I should be forced to have a male gyno? Bullshit. Why, I persisted. Didn't last very long before the accusations flew and the answers stopped. I'm not quite sure why--perhaps when confronted with an inconsistency (equal rights and non-discrimination is great until it personnally affects me) folks clammed up. I'm genuinely heartened to see that on an anonymous board that didn't happen. I think, other than fringey's slights.
FWIW, I tend to agree with fringe's (i think) contention that this exception to general views that non-discrimination is good is justified by a privacy "right" or interest of some sort.
Of course, I'm hard pressed to find that exception in Title VII or in the constitution. Anyone? Hank?
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I don't think the doctor will behave differently. I do think that the chances of getting a male doctor who gets his jollies by shoving specula up women is higher than getting a female doctor who feels the same, as I mentioned. And I am probably irrational that I feel more vulnerable/violated by a relatively strange male messing around with my privates. I think pretty much anything involving nudity and/or something that could be characterized as groping but for the intent, having a preference for a particular sex is understandable. Race, no.
