Male Nurse Says He Was Fired Over Gender Stereotypes - Files Discrimination Lawsuit

Matthew McVay, a 52-year-old nurse, has filed a lawsuit against St. Elizabeth Hospital in Fort Thomas, KY alleging gender discrimination and retaliation. McVay worked at the hospital for over four years before resigning and initiating legal action in December.

Gender Discrimination Allegations

In his complaint, McVay claims that St. Elizabeth engaged in discriminatory practices by disciplining him based on gender stereotypes. Specifically, he asserts that the hospital punished him for behaviors that, according to court documents, are often associated with gender stereotypes that label men as aggressive or loud—such as yelling and cursing at a patient, which he denies doing. 

When McVay attempted to support his account by gathering statements from other nurses, the hospital escalated his discipline, accusing him of coercing coworkers into providing statements, a claim he also challenged.

McVay contends that these disciplinary actions resulted in significant financial losses, including the loss of his night shift bonus, overtime earnings, and a portion of his nursing school tuition that the hospital previously covered. He is seeking damages totaling $120,800 in his lawsuit.

Representatives of St. Elizabeth stated that the hospital does not comment on pending litigation. 

The Unique Challenges of Male Nurses in a Predominantly Female Profession

Nursing remains a predominantly female profession, with men making up 12% of registered nurses in the U.S. The male nurse workforce has grown significantly, though, having been less than 3% back in 1970.

Despite the growing numbers, many male nurses, like McVay, still face unique challenges rooted in gender stereotypes. Common issues include being perceived as less compassionate, being questioned about their masculinity, or being assumed to be a doctor rather than a nurse. As a result, male nurses may experience social isolation, closer monitoring—especially when caring for female patients—and exclusion or challenges advancing within certain clinical areas like obstetrics or pediatrics due to gendered assumptions.

In a survey of male nurse practitioners, 62% of respondents reported personally experiencing gender discrimination at work, and 76% observed discrimination against male nurses. Additionally, 31% indicated discrimination affected their ability to work in desired clinical areas. These biases can lead to role strain, reduced job satisfaction, and higher attrition rates among men in nursing.

The Legal Burden of Proof

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex, which includes both men and women. Discrimination against men is not legally permissible under Title VII; it is just less common and less frequently litigated than discrimination against women.

As McVay's case proceeds, the outcome will hinge largely on his ability to meet the legal burden of proof. Under Title VII, a plaintiff must first establish a prima facie case of discrimination—showing he is a member of a protected class, was qualified for his position, suffered an adverse employment action, and that similarly situated employees of a different gender were treated more favorably.

Once this is established, the burden shifts to the employer to articulate a legitimate, non-discriminatory reason for the action taken. McVay must then demonstrate that this stated reason is a pretext for discrimination. This can be shown through patterns of unequal treatment, inconsistencies in the employer’s explanations, or evidence that gender stereotypes played a role in disciplinary decisions. Successfully proving this can be challenging, especially in workplaces where implicit bias is subtle but persistent.

Still, cases like McVay’s serve as critical tests of how the law is applied and interpreted in historically gendered professions, ensuring an inclusive environment where all nurses, regardless of gender, can thrive. 

Nurse.org will continue to update this article as more information about this lawsuit becomes available.

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