(Rockford, IL) - The American Center for Law and Justice, an international public interest law firm, today filed a federal lawsuit in Rockford, IL against the DeKalb County Health Department on behalf of a former employee who was denied a promotion because of her pro-life religious beliefs.

"The issue here is very clear - you cannot deny an employee a promotion because of that employee's religious beliefs," said Francis Manion, Senior Counsel of the ACLJ, which filed suit against the health department. "It is clear that our client was denied a promotion solely on the basis of her sincerely held religious beliefs that abortion was not an appropriate alternative to an unwanted pregnancy. The county acted in a discriminatory manner and not only violated our client's constitutional rights but also violated a specific state law that prohibits employers from punishing employees who refuse to participate in activity that violates their conscience. This is a very important case designed to protect the religious beliefs of employees - especially health care workers."

The ACLJ today filed suit in U.S. District Court in Rockford, IL on behalf of Faith Moncivaiz, a former employee of the DeKalb County Health Department in DeKalb, Illinois. Moncivaiz worked as a part-time secretary for the WIC (Women, Infants, and Children) program, one of five programs within the Maternal Child/Health Division of the DeKalb County Health Department.

After two years on the job, she applied for a promotion in August 2002 for a full-time secretarial position in the WIC program. The suit contends that during the interview, Jean Zucher, the coordinator for support services, asked Moncivaiz if she spoke both English and Spanish, and if she would be able to translate for another program - the Family Planning program - the option of abortion as an option for an unwanted pregnancy. Moncivaiz found this questioning unusual since she had applied for a secretarial position - not a translator or interpreter - in the WIC program, which focuses on the nutritional health of women and children - not the Family Planning program.

Moncivaiz told Zucher that she would find it difficult to translate the abortion option because of her moral and religious beliefs opposing abortion.

The suit contends that one month later Moncivaiz was told that she did not get the promotion because of her stand on abortion. Further, the suit contends that Zucher told Moncivaiz that she would be expected to uphold the view of the Health Department regarding abortion - even on her own time outside work. According to the complaint, Moncivaiz was told that she was at least as qualified as the candidate who was hired, but would not get the full-time job because of her views on abortion. Moncivaiz continued to work as a part-time secretary for the WIC program in the health department until she resigned in March 2003.

The suit names as defendants the DeKalb County Health Department and three supervisors. The suit contends the health department violated the First and Fourteenth Amendments of the U.S. Constitution, Title VII of the Civil Rights Act of 1964, and the Illinois Health Care Right of Conscience Act.

The Illinois Health Care Right of Conscience Act states that it is unlawful to discriminate against any person who may be hired, promoted, or transferred ". . .because of such person's conscientious refusal to receive, obtain, accept, perform, assist, counsel, suggest, recommend, refer or participate in any way in any particular form of health care services contrary to his or her conscience." The suit requests unspecified damages as provided by law for loss of income and benefits as well as mental distress and anguish.

The American Center for Law and Justice is an international public interest law firm specializing in constitutional law and pro-life litigation. The ACLJ is headquartered in Virginia Beach, VA and the web site address is www.aclj.org.