ACLJ Wins Religious Discrimination Case Against California Health Agency Over "Morning-After" Pill
May 28, 2002

(Riverside, CA) – The American Center for Law and Justice, an international public interest law firm, announced today that a federal jury in California has found that Riverside County violated the constitutional rights of a nurse who was fired from her job after she refused to dispense medication known as a “morning-after” pill designed to end pregnancies.

“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.”

A U.S. District Court jury in Riverside has found that Riverside County violated the constitutional rights of former nurse Michelle Diaz. Following a four-day trial in federal court that ended May 24th, the jury found the county was liable on all three counts presented: violated her First Amendment rights of free speech; violated her rights of freedom of religion; and, failed to reasonably accommodate her religious beliefs. The jury also awarded damages totaling more than $47,000 – including $19,000 in damages for back pay, and more than $28,000 in damages for emotional distress.

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

Manion said the verdict is 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.

The American Center for Law and Justice is an international public interest law firm that specializes in constitutional law and pro-life issues. The ACLJ is headquartered in Virginia and its web site address is www.aclj.org.