Posted on Jan 12, 2023
CVS sued by a fired nurse practitioner who refused to prescribe birth control due to religious...
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Responses: 3
She should have thought about that before becoming a nurse practitioner. Does she live in an 'at will' state?
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LTC Eugene Chu
..."But in August 2021, CVS said it was revoking all religious accommodations. That is illegal, Strader and her attorneys argue, citing Title VII of the Civil Rights Act, which says employers cannot “avoid accommodating a religious practice that it could accommodate without undue hardship," and another court decision that says religious accommodation requests must be considered on an individual employee basis.
CVS spokesperson Mike DeAngeles said in an email that “educating and treating patients regarding sexual health matters — including pregnancy prevention” — had become “essential” as the company had expanded its clinic services and that it could not grant a religious accommodation excusing employees from them.
CVS faces at least two other lawsuits in federal court brought by former nurse practitioners in Kansas and Virginia who say they were fired over the policy.
CVS’ biggest competitor, Walgreens, has previously come under scrutiny for its policy allowing employees to refuse to carry out some transactions, including dispensing contraceptives, that clash with their religious beliefs. The company has said that in such instances employees can refer customers to other colleagues."
..."But in August 2021, CVS said it was revoking all religious accommodations. That is illegal, Strader and her attorneys argue, citing Title VII of the Civil Rights Act, which says employers cannot “avoid accommodating a religious practice that it could accommodate without undue hardship," and another court decision that says religious accommodation requests must be considered on an individual employee basis.
CVS spokesperson Mike DeAngeles said in an email that “educating and treating patients regarding sexual health matters — including pregnancy prevention” — had become “essential” as the company had expanded its clinic services and that it could not grant a religious accommodation excusing employees from them.
CVS faces at least two other lawsuits in federal court brought by former nurse practitioners in Kansas and Virginia who say they were fired over the policy.
CVS’ biggest competitor, Walgreens, has previously come under scrutiny for its policy allowing employees to refuse to carry out some transactions, including dispensing contraceptives, that clash with their religious beliefs. The company has said that in such instances employees can refer customers to other colleagues."
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Taken from the article:
"She said that for six and a half years, CVS granted her a religious accommodation to forego having to prescribe the drugs at the CVS MinuteClinic where she worked. When a customer needed the prescription, she would refer them to a colleague or another CVS MinuteClinic.
But in August 2021, CVS said it was revoking all religious accommodations."
Just my opinion, because I'm not a lawyer, but I believe CVS made their mistake by making the religious accommodation for 6 1/2 years, then all of a sudden, revoking all religious accommodations. They had a process in place to accommodate both the customers and the employee's religious beliefs, so what changed, that required them to fire the nurse?
"She said that for six and a half years, CVS granted her a religious accommodation to forego having to prescribe the drugs at the CVS MinuteClinic where she worked. When a customer needed the prescription, she would refer them to a colleague or another CVS MinuteClinic.
But in August 2021, CVS said it was revoking all religious accommodations."
Just my opinion, because I'm not a lawyer, but I believe CVS made their mistake by making the religious accommodation for 6 1/2 years, then all of a sudden, revoking all religious accommodations. They had a process in place to accommodate both the customers and the employee's religious beliefs, so what changed, that required them to fire the nurse?
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Capt Gregory Prickett
First, she's in at at-will state, where the general rule is that an "employer can fire you at any time, for any reason, or for no reason at all." Time of an accommodation is not a factor, and if the employer's situation changed, continuing the accommodation may be an undue hardship on the employer.
The article also noted that CVS expanded its services in the contraceptive/birth control area, and this may serve to create an undue hardship for the company.
The article also noted that CVS expanded its services in the contraceptive/birth control area, and this may serve to create an undue hardship for the company.
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