Religious Discrimination Case Over
`Morning-After' Pill

May 28 2002 - The American Center for Law and Justice, an international public interest law firm and pro life group, announced that a federal jury in California found that Riverside County violated the constitutional rights of a nurse fired from her job after refusing to dispense the "morning-after" pill.

"This is a tremendous victory for our client and for all health care professionals who want to do their jobs without violating their consciences and religious beliefs," said Francis J. Manion, Senior Counsel of the ACLJ, which represented the nurse. "This verdict sends a very clear message that conscience rights of employees must be respected by employers everywhere."

The U.S. District Court jury in Riverside found that Riverside County had violated the constitutional rights of former nurse Michelle Diaz after a four-day trial. The jury found the county was liable on all three counts presented: violating her First Amendment rights of free speech; violating her rights of freedom of religion; and failing to reasonably accommodate her religious beliefs. The jury awarded damages totaling more than $47,000. This included $19,000 in damages for back pay, and more than $28,000 in damages for emotional distress.

The ACLJ filed suit in U.S. District Court in Riverside, California against the Riverside Neighborhood Health Center in December 2000 on behalf of Michelle Diaz. She worked as a Clinic Health Nurse at the center. The suit contended that Diaz was fired after telling her supervisor that her deeply held religious beliefs prevented her from distributing the medication, arguing that it was designed to end pregnancies and she believed that she would be participating in an abortion. The suit contended that she was subsequently fired from her job in June 1999 shortly after she talked to news media about the "morning-after" pill controversy and explained her position.

Manion said that the verdict was an important victory for free speech and religious freedom. "This is an important victory in what's become the new frontier of religious discrimination - employers who force employees to violate their consciences and religious beliefs by requiring them to dispense pregnancy ending drugs."

The ACLJ was assisted in the trial by attorney Robert Tyler of the firm, Tyler & Dorsa in Temecula, CA.