Parents of a child with Down Syndrome have been awarded $2.9 million (U.S.) damages on the grounds that they would have aborted her had the condition been diagnosed during pregnancy. The award is based on the estimated extra lifetime costs of caring for someone with Down syndrome. [ABC News]
Tag: Oregon
Pro-life nurse reaches settlement agreement with Oregon health department over request for religious accommodation, abortion
Rutherford Institute Attorneys, Health Department Agree on Resolution to Implement New Policies
Salem, Ore.— Attorneys for The Rutherford Institute have reached a mutually agreeable resolution with the Marion County Health Department on behalf of Janice Turner, a public health nurse who lost her job with the health department due to her deeply held religious belief that life begins at conception. The settlement agreement provides for the enactment of two new policies. The first policy guarantees that all clients who receive emergency contraception, a.k.a. “the morning after pill,” will be informed in easily understandable terms that it functions by preventing the implantation of a fertilized ovum if conception has already occurred. The second policy, a general statement of employees’ rights to religious belief and expression within the workplace, prevents discrimination based upon religious or moral beliefs regarding abortion or contraception and requires the health department to accommodate those beliefs. Patterned after existing Conscience Clause legislation, this policy ensures that employees who refuse to accept job duties that contradict their religious or moral beliefs regarding abortion or contraception can do so without fear of being fired, demoted, transferred or disciplined.
Turner, who worked for the Health Department from 1990 until July 2001, had early on in her employment expressed her religious opposition to abortion and requested accommodation from having to discuss or promote abortion procedures with her patients. According to Turner, her initial supervisor accommodated her religious beliefs and allowed her to refer those patients wanting to receive emergency contraception or information about abortion to another nurse. However, in 1995, a new supervisor was appointed to the Women’s Clinic who declared herself to be pro-choice and allegedly acted in a manner intolerant of other viewpoints. According to Turner, this new supervisor stated her expectation that everyone on staff discuss emergency contraception with patients as “a method of contraception that will prevent a pregnancy” and discouraged the nurses from referencing it as a possible abortifacient. Turner claims that her supervisor continually reiterated her distaste for Turner’s pro-life views regarding emergency contraception and repeatedly told her that she “was not a complete nurse.” During Turner’s final evaluation, the supervisor warned Turner that her position could be cut in the department budget, and if Turner wanted another position in the department, she would have to be willing to dispense emergency contraception. Attorneys for The Rutherford Institute filed a complaint in Janice Turner’s behalf last year in U.S. District Court.
“This is a timely issue which brings to light the importance of protecting health care workers’ rights, especially those who have sincerely held religious beliefs regarding abortion,” stated John W. Whitehead, president of The Rutherford Institute. “It is also heartening to see that women, some of whom may have religious beliefs against taking an abortifacient, will be given complete information regarding the effect of the morning-after pill on a possibly fertilized ovum and its medical implications.”
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
Nisha N. Mohammed Ph: (434) 978-3888, ext. 604;
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Email: Nisha N. Mohammed
No equal opportunities for nurse With pro-life views
Oregon, USA
According to a federal lawsuit filed by Janice, when the new supervisor-one intolerant of pro-life viewpoints-was assigned to the Women’s Clinic, Janice’s treatment on the job began to change. Indeed, not only were Janice’s religious views no longer accommodated, she was also harassed. Attorneys for The Rutherford Institute reached a mutually agreeable resolution in Feb. 2003 with the Marion County Health Department on behalf of Janice Turner. As part of the settlement agreement, a new policy was enacted preventing discrimination of employees based upon religious or moral beliefs regarding abortion or contraception and requiring the health department to accommodate those beliefs. [Full text]
No Equal Opportunities for Nurse With Pro-Life Views
NEWS RELEASE
Salem, OR–January 30, 2002–Attorneys for The Rutherford Institute filed suit yesterday on behalf of Janice Turner, a public health nurse who lost her job with the Marion County Health Department due to her deeply held religious belief that life begins at conception. The complaint, filed in U.S. District Court for the District of Oregon, charges that Turner’s supervisor at the Women’s Clinic harassed and retaliated against her for her pro-life views and refused to accommodate her religious objections to discussing or promoting abortion procedures with her patients.
Turner, a public health nurse with the Health Department from 1990 until July 2001, had early on in her employment expressed her religious opposition to abortion and requested accommodation from having to discuss or promote abortion procedures with her patients.
According to Turner, her initial supervisor accommodated her religious beliefs and allowed her to refer those patients wanting to receive emergency contraception, a.k.a. “the morning after pill,” or information about abortion to another nurse.
As a result of Turner’s personal commitment to providing quality health care to those in need, she also worked as a Maternity Case Manager, making house calls to women undergoing high-risk pregnancies and educating them on how to have a healthy pregnancy. However, in 1995, a new supervisor was appointed to the Women’s Clinic who declared herself to be pro-choice and allegedly acted in a manner intolerant of other viewpoints.
According to Turner, this new supervisor stated her expectation that everyone on staff discuss emergency contraception, or “the morning after pill,” with patients as “a method of contraception that will prevent a pregnancy,” and discouraged the nurses from discussing it as a possible abortifacient. Turner claims that her supervisor continually reiterated her distaste for Turner’s pro-life views regarding emergency contraception and repeatedly told her that she “was not a complete nurse.” During Turner’s final evaluation, the supervisor informed her that budget cuts would soon be forthcoming. She then warned Turner that her position could be cut in the department budget, and if Turner wanted another position in the department, she would have to be willing to dispense emergency contraception. Shortly thereafter, Turner was notified that her position was to be cut.
Among the allegations detailed in the complaint filed by Institute attorneys are charges that Turner was discriminated against for her religious beliefs, a violation of Title VII, the Hill/Burton Conscience Act and Oregon’s conscience clause.
“It is unconscionable for anyone to force their beliefs on another person, especially forcing a pro-abortion message on a person who believes that life begins at conception,” stated John Whitehead, president of The Rutherford Institute. “What makes it even worse is that this was being done by an employer who was fully aware that she is in control of that person’s livelihood.”