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The customer is making the choice not the business. When you search for primary care physicians in most networks, you can search and filter by gender. Again, is this illegal by your insurance/network to allow this filter?
the business is preferentially participating in the customer choice
customer choice is also covered by the 1964 civil rights act, it's just nearly always unenforceable unless someone goes on a racist/sexist tirade
when insurance companies allow people to filter for male and female doctors, they're allowing people to prefer both options, so they're not preferentially participating in the choice like Lyft is here. And, there are medical specialties where one could argue that being either male or female was a BFOQ. Being a taxi driver doesn't involve one's genitals like being an obstetrics patient does. If you are using your genitals to operate your car, you're doing it wrong.
Fair enough.
It will be interesting to see how this holds up in the courts, whether they can argue it's in fact a BFOQ, or whether that actually applies here.
I'm waiting patiently for the first man to actually get this to court.
gets LOTS of popcorn ready.