Advertising by Gender – May 19, 2011

Question:

Jennifer,

I want to hire a doctor part-time for my practice, and because of my patient population and specialty, I’d like to hire a female doctor.  Can I advertise for just female candidates?

Thanks, Dr. L

Answer:

No can do.  Advertising by gender is against applicable anti-discrimination laws.  Of course, you are not required to explain a certain hiring decision, so if you happen to advertise for a new doctor and you hire a female doc, that’s entirely your decision.

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Jennifer Kirschenbaum manages Kirschenbaum & Kirschenbaum's healthcare department, and, along with her team, focuses her practice on employment, partnership and other contracts; practice purchase and sale; Stark law, Anti-Kickback issues and other regulatory compliance matters, including drafting of practice policies; Medicare, Medicaid and private insurance carrier audit defense and reimbursement issues; licensure representation and privileging disputes; and general practice matters. Click here for my full bio. Have a question for Jennifer? Contact her at Jennifer@Kirschenbaumesq.com or at (516) 747-6700 x. 302.

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