United States
ABC Health Service Agency and Jane Doeroe *
Kansas, U.S.A.
IntroductionThis agreement is the result of a successful
resolution to the case of a Kansas pharmacist who was threatened with
firing for her conscientious refusal to dispense the morning after pill.
In January, 2001, Jane Roedoe* requested that her employer accommodate
her by excusing her from dispensing the 'morning after pill'. Her
immediate supervisor told her that her "religion didn't matter" and that
she would be required to dispense or lose her job. She contacted an
attorney with the American Center for Law
and Justice, and he wrote to the employer urging them to agree to
Jane's request, asserting that she was protected by federal statutes.
When a favourable response was not forthcoming, a formal complaint was
filed with the Equal Opportunity Employment Office.
During negotiations, the employer first wanted Jane to agree to
dispense the pill if no one else was available in the facility. She
refused, pointing out that this condition would almost certainly never
arise. She and her attorney proposed that, if that situation were to
arise, the patient could be referred to a local commercial pharmacy with
the employer picking up the cost of the prescription. The employer
countered with the proposal that referral be made to a commercial
pharmacy, but with Jane picking up the cost. She refused this last
condition.
At this impasse, the attorney reminded them of a specific federal
statute that appears to be a blanket protection of conscience, at least
with regard to facilities like that operated by the employer, which are
federally funded. Shortly thereafter, the employer forwarded the
following settlement proposal, which has now been formally adopted
signed by all parties. [Administrator]
*Pseudonyms have been used for the parties to the
settlement.
Settlement Agreement
June, 2001
This agreement between the ABC Health Service Agency*, hereinafter ABC,
and Ms. Jane Doeroe*, hereinafter Complainant, shall be effective on the
date it is signed by all parties.
I.
A. The ABC agrees to exempt the complainant from pre-packaging of the
post-coital contraceptive ("morning after pill") in the Pharmacy.
B. The ABC agrees the Chief Pharmacist or a University of Kansas pharmacy
student will dispense post-coital contraceptive. In the event the Chief
Pharmacist or KU pharmacy student are unavailable to dispense post-coital
contraceptive, the Medical Doctor will dispense. the complainant agrees and
understands that under no circumstances will the Medical Doctor(s) be taken
away from direct patient care, in order to comply with this section of the
settlement agreement. Direct patient care refers to medical care directly
rendered to a patient by a member of the medical personnel. After the
Medical Doctor(s) has finished with the patient prescribed the post-coital
contraceptive, and before he or she begins to examine a new patient, unless
there is an emergency, he or she will go to the pharmacy and dispense the
post-coital pre-packaged prescription. If time and circumstances do not
permit the Medical Doctor(s) to dispense the post-coital prescription in the
exam room, the Medical Doctor(s) will write and outside prescription for an
FDA approved post-coital contraception. The patient will have it filled at a
contract pharmacy, Floorwalkers on A Street*, and the cost of the
prescription will be covered by the clinic.
C. The ABC agrees, in the event, that a Medical Doctor(s) is unavailable
and the Nurse Practitioner has written a prescription for the post-coital
contraceptive, the Nurse Practitioner will dispense, provided she is
dispensing her own prescription. The complainant agrees and understands that
under no circumstances will the Nurse Practitioner be taken away from direct
patient care in order to comply with this section of the settlement
agreement. Direct patient care refers to medical care directly rendered to a
patient by a member of the medical personnel. After the Nurse Practitioner
has finished with the patient prescribed the post-coital contraceptive, and
before she begins to examine a new patient, unless there is an emergency,
she will go to the pharmacy and dispense the post-coital pre-packaged
prescription. If time and circumstances do not permit for the Nurse
Practitioner to dispense the post-coital prescription in the exam room, she
will write an outside prescription for an FDA approved post-coital
contraception. The patient will have it filled at a contract pharmacy,
Floorwalkers on A Street*, and the cost of the prescription will be covered
by the clinic.
II
This agreement is in full satisfaction of the complainant's Equal
Employment Opportunity (EEO) case and the complainant agrees that her
complaint will be treated as withdrawn on the effective date of this
agreement. Further, the complainant promises not to sue on the complaint in
any U.S. District Court or otherwise pursue it in any other forum, including
Equal Opportunity Commission (EEOC), Negotiated Grievance Procedures, or
through the Agency Grievance Procedure, if applicable.
If the complainant believes the ABC has failed to comply with the terms
of this settlement agreement, the complainant shall notify the _______City
Area ABC Regional EEO manager, in writing of the alleged non-compliance
within 30 days of when the complainant knew or should have known of the
alleged non-compliance. The complainant may request the terms of the
settlement agreement be specifically implemented or, alternatively, the
complaint be reinstated for further processing from the point processing
ceased under the terms of this settlement agreement. If the Regional EEO
Manager has not responded to the complainant in writing, or if the
complainant is not satisfied with the Agency's attempt to resolve the
matter, the complainant may appeal to the EEOC for a determination as to
whether or not the Agency has complied with the terms of this settlement
agreement. The complainant may file such an appeal 35 days after she serves
the allegations of noncompliance upon the Regional EEO Manager, but not
later than 30 days after receipt of the determination of the Regional EEO
Manager.
III.
This agreement neither confirms nor denies the complainant's allegations
or charges, and the ABC specifically denies discrimination/retaliation or
the presence or practice of any other prohibited personnel practice. The
complainant expressly promises not to use this agreement, no permit any
other person to use it, in any judicial or administrative proceeding as
evidence of discrimination/retaliation or other prohibited personnel
practice.
IV.
No attorney fees.
V.
Facsimile signatures shall be binding on the parties as if original
signatures.