Tag: nurses

ACLJ files religious discrimination suit against Ca. health agency over “morning after” pill

News Release

American Center for Law and Justice

(Riverside, CA) – The American Center for Law and Justice, an international public interest law firm, today filed suit in U.S. District Court in Riverside, California on behalf of a health care worker charging that she was fired from her job as a nurse for Riverside County, California after she refused to dispense medication known as a “morning-after” pill designed to end  pregnancies.

“This case centers on the rights of our  client to hold religious beliefs and have those beliefs accommodated by her  employer,” said Frank Manion, Senior Regional Counsel of the ACLJ who is representing the nurse. “Our client did not want to dispense medication that she believes places her in a position to participate in an abortion. It is our position that her deeply held religious beliefs were ignored by her employer and it is our belief that she was wrongly fired because of those beliefs.”

The ACLJ filed suit today in U.S. District Court in Riverside on behalf of Michelle Diaz, who worked as a Clinic Health Nurse at the Riverside Neighborhood Health Center. The complaint contends that in March 1999, Diaz and other health professionals expressed their concerns to management about dispensing the so-called “morning-after” pill – medication designed to end pregnancies.  The lawsuit states that Diaz told her supervisor that her deeply held religious beliefs prevented her from distributing the medication because she believed she would be participating in an abortion.

The complaint contends that the Director of Public Health for Riverside County informed her that if she did not sign a document that required her to dispense what the county called “emergency contraception” which included the “morning-after” pill and other pregnancy-ending medications, she  would no longer be able to work at the clinic. Diaz did not sign the document and wrote a letter to the Director of Public Health explaining that her religious beliefs prevented her from doing so.

According to the suit, in June 1999, Diaz was contacted by news reporters concerning the “morning-after” pill controversy and explained her position to the media. The suit contends that on June 23, 1999 – just days after speaking with the media – she was told that she was being terminated.

“This case may represent a new kind of religious discrimination in the workplace as health care professionals strive to follow their consciences as they begin dispensing new pregnancy-ending drugs like RU-486,” said Manion. “A person’s religious beliefs must be respected and accommodated in the workplace. To do anything less is simply wrong and unconstitutional.”

The lawsuit contends that the action taken against Diaz violated the First and Fourteenth Amendments of the U.S. Constitution along with provisions in the California Constitution. The complaint contends the County violated her constitutional rights of free speech and violated Title VII of the Civil Rights Act of 1964 by refusing to accommodate her religious beliefs and terminating her employment.

At the same time, the suit contends that Diaz has suffered and continues to suffer financial loss from the termination and damage to her  professional reputation. The suit requests that the court find the actions of the defendants illegal and unconstitutional and requests unspecified damages. The suit also requests a trial by jury.

The suit names as defendants the County of Riverside Health Services Agency, Kenneth Cohen, the Director of the Agency, and Dr. Gary Feldman, who serves as Director of Public Health and as the Public Health Officer for Riverside County.

The ACLJ is being assisted in this case by Robert Tyler of the firm, Tyler, Dorsa & Eldridge in Temecula, CA.

The American Center for Law and Justice is an  international public interest law firm that specializes in constitutional law and focuses on pro-life, pro-family, and pro-liberty issues. The ACLJ is headquartered in Virginia Beach, VA.

 

Calgary Bishop supports conscientious objectors

Cameron Maxwell of the Edmonton Sun reported that Calgary’s Roman Catholic Bishop, Frederick Henry, supports pharmacists who refuse to sell “morning after” pills for reasons of conscience, as well as nurses who do not wish to participate in abortion.

Bishop Henry spoke of the need for protection of conscience legislation for all health care professionals. He noted that it was unfair that physicians could refuse to be involved in abortions, while nurses, pharmacists and others were denied similar consideration. Henry had first-hand experience with the problems faced by conscientious objectors when he was Bishop of Thunder Bay (See Bishop protests on behalf of nurses (Thunder Bay, Ontario, Canada)(1997) ). He cited the more recent case of nurses at Calgary’s Foothills Hospital to illustrate the need for legislation. (See Foothills Hospital Now Forces Nurses To Participate In Genetic Terminations ; Nurses At Foothills Hospital Rebel Over The Horrifying Results Of Late-Term ‘Genetic Terminations’) .

 

Down the Slope to Infanticide

Nurses At Foothills Hospital Rebel Over The Horrifying Results Of Late-Term ‘Genetic Terminations’

Calgary, Alberta, Canada

Marnie Ko

Genetic terminations unquestionably constitute murder in the minds of the Foothills nurses who contacted this magazine after hospital administrators demanded they assist with abortions. The nurses are backed by a February 26 administrative memo obtained by this  magazine which states that for Maternity Care Centre (MCC) staff, “not participating in terminations is not an option.”

At Calgary’s Foothills Hospital some premature infants are born alive, then routinely allowed to die. For instance, last  August a doctor told a mother-to-be that her baby suffered from lethal genetic defects. The mother was persuaded to undergo a “genetic
termination,” and a regularly used procedure called an induction abortion was performed only five weeks before the baby was due. Chemically induced labour was followed by a live birth. But because the mother had decided her child should not live, nurses were forbidden to provide even such basics as food and fluids. [Full text]

Nurses Triumphant! Human Rights Case Ends in Settlement

After a difficult five year struggle, eight Ontario health care professionals win the right to choose.

Markham-Stoufville, Ontario, Canada

Sue Careless*

Staff with religious objections will not be required to provide primary nursing care to a patient admitted for an abortion, but could be required to provide post-abortion nursing care. They would not, however, have to in any way participate “in the administration, monitoring or documenting of the pregnancy termination process.”

They did it!

After a five year battle, eight Ontario nurses won the right to refuse to assist in abortions at the Markham-Stoufville Hospital, just outside Toronto. The nurses had taken their fight to the Ontario Human Rights Commission, and one nurse, Ailene George, had filed a civil suit.

They hope their victory will be precedent-setting. “I want all nurses in the future to have the right to say, “No,” said Joanne Van Halteren, one of the eight. “This will have a ripple effect.”

The case was to be heard by the OHRC, but the sides reached a mediated settlement April 13 in which the hospital issued a policy respecting the nurses’ religious objections to performing abortions.

. . . The nurses’ battle took its toll. One nurse, Ann Mahon, died of cancer in May 1998. Others suffered stress-related illnesses. Una Clennon had a lump removed from her breast that her doctor believed was brought on by stress. [Full text]

 

Personal Qualms Don’t Count

Foothills Hospital Now Forces Nurses To Participate In Genetic Terminations

Calgary, Alberta, Canada

 Marnie Ko

 “The present mood is…chaotic, helpless, frustrated and highly emotional,” Sally wrote. In the past weeks, I have witnessed tears, breakdowns, illnesses, and stress such as never before…Sick calls have been high and experienced staff nearly impossible to recruit.”

 

Though the tiny infant had been condemned to die, distraught nurses at Calgary’s Foothills Hospital spent hours last August caring for it anyway.

“The mother didn’t want the baby, so we took turns rocking and holding it for 12 hours until it finally died,” says Foothills nurse “Catherine,” whose real name has been withheld to protect her job. “Nurses were only allowed to comfort the suffering infant, but this did not even include feedings.”

The rejected baby’s fate was sealed when it survived a “genetic termination,” an abortion performed only five weeks before the mother’s due date. Doctors had told her that her baby had lethal genetic defects. But Catherine could see only a baby. “I was sick for weeks,” she says. [Full text]