Is it legal to preferentially hire female nurses &amp; doctors because female patients are less comfortable with men seeing them naked?
<p>Sort of a follow-up to <a href="https://law.stackexchange.com/questions/48042/is-it-legal-to-preferentially-hire-men-instead-of-women-because-women-can-get-pr">Is it legal to preferentially hire men instead of women because women can get pregnant?</a></p>

<p>The idea is, women tend to be less comfortable with men seeing them naked than men are with women seeing them naked. Therefore, if I'm operating a hospital/clinic where nudity might be necessary, it's preferable for my patients' comfort to hire female nurses &amp; doctors. Concretely, if I need an electrocardiogram performed, if I have female nurses then all my patients will be relatively comfortable; but if I have male nurses then my male patients will be fine but my female patients will not be so comfortable.</p>

<p>The answer in the linked question says it's legal if:</p>

<blockquote>
  <p>(2) (a) the duties of the position can be performed only by a person having particular physical attributes (other than attributes of strength or stamina) that are not possessed by persons of a different sex from the relevant sex;</p>
</blockquote>

<p>However this sounds ambiguous to me: both men and women can perform electrocardiograms, but only women can do it such that female patients are comfortable.</p>

<h2>No</h2>

<p>If you are a hospital, medical practice  etc. Being male or female is not an intrinsic requirement of a doctor or nurses job.</p>

<h2>Yes</h2>

<p>If you are an individual hiring care within your own reference because Australian sex discrimination law specifically excludes that.</p>

<p>It seems the answer is <strong>yes</strong>, i.e. it is legal.</p>

<p><a href="http://classic.austlii.edu.au/au/legis/cth/consol_act/sda1984209/s30.html" rel="nofollow noreferrer">Section 30 of the Australian 1984 Sex Discrimination Act</a> discussing when it is lawful to discriminate based on sex:</p>

<blockquote>
  <p>(g)  the occupant of the position is required to enter areas ordinarily used only by persons of the relevant sex while those persons are in a state of undress; or</p>
</blockquote>

employment australia sex-discrimination