Final answer:
Requiring a nurse to be female could potentially be a violation of the Canadian Human Rights Act. It may be considered a BFOQ only if it meets stringent conditions such as privacy concerns in certain healthcare settings. However, a requirement based on gender stereotypes does not qualify as a BFOQ.Option A is the correct answer.
Step-by-step explanation:
The question is addressing the legality of employment requirements, specifically concerning a requirement that a hospital nurse be female. According to the Canadian Human Rights Act, requiring a nurse to be female without the existence of a bona fide occupational qualification (BFOQ) would be considered a violation of the Act. A BFOQ refers to the necessary qualifications that are required for a certain job and that, if not observed, would prevent the job from being accomplished effectively.
For instance, sex as a BFOQ is permissible under certain strict conditions. The tests for determining a sex-related BFOQ include whether all or substantially all individuals of the opposite sex can perform the job, whether the essence of the business operation would be undermined by not hiring based on sex, and whether there are no reasonable accommodations that could be made.
In conclusion, the requirement for a nurse to be female could be justified as a BFOQ if it meets the stringent conditions established by the courts. For example, privacy concerns in certain healthcare settings such as maternity wards or gender-specific facilities could provide a basis for such a requirement. However, general requirements for a nurse to be female simply based on personal preferences or gender stereotypes are not permissible and do not fall under BFOQ exceptions.