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.