ACLJ Files Religious Discrimination Complaint with EEOC Against Louisiana Health Dept. Over 'Morning-After' Pill.

Business Editors/Legal Writers

NEW ORLEANS--(BUSINESS WIRE)--Oct. 23, 2002

The American Center for Law and Justice, an international public interest law firm committed to protecting life, today announced it is representing a nurse from Louisiana who has been threatened with termination for refusing to dispense pregnancy-ending medication - a requirement that violates her deeply held religious beliefs.

The ACLJ has filed a formal complaint with the Equal Employment Opportunity Commission (EEOC) and the Louisiana Commission on Human Rights contending that the employer - Louisiana Dept. of Health and Hospitals - is discriminating against the nurse because of her religious beliefs.

"This is a case where a nurse is facing religious discrimination because her deeply held beliefs do not permit her to dispense medication designed to end pregnancies," said Stuart J. Roth, Senior Counsel of the ACLJ, which is representing the health care worker.

"Our client just wants to do her job without violating her conscience and her religious beliefs. Instead of accommodating this employee, health department officials have decided to criticize her and threaten her with termination. We will do whatever it takes to protect the conscience rights of our client."

The ACLJ filed the complaints this week with the EEOC and the Louisiana Commission on Human Rights on behalf of Cynthia Day of Marrero, Louisiana who is employed as a Public Health Nurse III with the Louisiana Department of Health and Hospitals, Office of Public Health at a clinic in New Orleans.

The complaints contend that Day repeatedly told her supervisors that she could not dispense what is known as an emergency contraception pill, also known as a "morning-after" pill - medication designed to end pregnancies. Day says she holds a sincere religious belief that human life, beginning at fertilization, is sacred and cannot be harmed in any way. Day contends that she has been criticized for her beliefs, threatened with being fired, and transferred to a job that makes it much more likely that she will have to dispense the objectionable medication to patients.

"The state must accommodate the sincerely held religious beliefs of our client," said Roth. "There is no question that the health department could have another employee dispense the medication instead of our client. But, health department officials have not only rejected our request to accommodate our client's religious beliefs, they continue to threaten and intimidate this health care professional in a manner that is both unprofessional and unlawful."

Roth said the ACLJ was required to file formal complaints first with the EEOC and the Louisiana Commission on Human Rights before proceeding with filing a lawsuit against the health department. Roth said the ACLJ is prepared to take legal action to protect the conscience rights of Day.

In May 2002, the ACLJ successfully convinced a California jury that Riverside County violated the constitutional rights of a former nurse who was fired from her job for refusing to dispense "morning-after" medication. A federal court jury found that the county violated her First Amendment rights of free speech, freedom of religion, and failed to reasonably accommodate her religious beliefs. Damages in that case - including a jury award and attorney's fees - totaled $100,000.

The American Center for Law and Justice is an international public interest law firm specializing in constitutional law and protecting human life. The ACLJ is headquartered in Virginia Beach, VA and its web site address is www.aclj.org.