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Can We Use Gender in Our Hiring Decisions? The Discrimination Bona Fide Occupational Qualification (BFOQ) Applied to Health Care

March 13, 2007

The Wall Street Journal always offers thought-provoking articles, but one article titled “Companies that Mirror Their Consumers Can Gain a Competitive Advantage” was especially intriguing. April 11, 2006, at B11. Is that general premise true in the field of health care? Amazingly, the marketplace has found a niche for matching patients with physicians and other providers of the same race. For instance,, Christine Liu McLaughlin (414-287-9232 or, Tom O’Day (414-287-9523 or, or another member of our Godfrey & Kahn Healthcare Team.

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