John W. Whitehead
According to a federal lawsuit filed by Janice,
when the new supervisor-one intolerant of pro-life viewpoints-was
assigned to the Women's Clinic, Janice's treatment on the job began to
change. Indeed, not only were Janice's religious views no longer
accommodated, she was also harassed.
Our nation continues to wage a war on terrorism around the world to
protect and defend America's freedoms. At the same time, however, we
must not forget those whose rights and freedoms are in jeopardy of being
violated here at home. One of the latest casualties of an increasing
intolerance for the expression of religious values and ideals is Janice
Turner, a public health nurse from Marion County, Oregon.
Janice dealt with patients in need-single mothers, at-risk teenagers and
others. As a result of her personal commitment to providing quality
health care to those in need, she also worked as a Maternity Case
Manager, making house calls to women undergoing high-risk pregnancies
and educating them on how to have a healthy pregnancy.
Although it wasn't easy, it was a job she loved. Reaching out to the
high-risk women in her community with quality health care was important
to Janice-a challenge that she enjoyed. It was also a way to share her
knowledge, talents and faith with those most in need.
As a Christian who believes that life is precious-and begins at
conception-Janice worked hard to provide expectant mothers with the best
care possible, in addition to educating them about how to care for the
miracle of life they had been given. And while she was willing, as part
of her nursing duties, to present patients with their legal options,
including abortion and emergency contraception, Janice simply did not
feel comfortable referring them to abortion providers or distributing
emergency contraception.
But after 10 years at the family planning clinic of the Marion County
Health Department-years in which her religious views were respected and
accommodated by her co-workers and supervisors-Janice Turner lost her
job. Things began to change when a new supervisor-one who believed that
a pro-life nurse, one who refuses to recommend or provide abortion as a
means of birth control, is only doing half a job-was appointed to the
Women's Clinic in Marion County, Oregon.
Although Janice's previous supervisor did not share her views about
abortion, she did respect Janice's right to abstain from certain
practices that interfered with her religious beliefs. As Janice said,
"She trusted us to be professional and make certain that the patients
received complete and correct information."
But then things took a drastic turn. According to a federal lawsuit
filed by Janice, when the new supervisor-one intolerant of pro-life
viewpoints-was assigned to the Women's Clinic, Janice's treatment on the
job began to change. Indeed, not only were Janice's religious views no
longer accommodated, she was also harassed. At this time, emergency
contraception, otherwise known as the "morning after pill," was being
increasingly discussed and focused upon. And Janice's new supervisor
began encouraging her staff to promote the morning after pill as "a
method of contraception that will prevent a pregnancy."
But to Janice, this was not much different than an abortion. And in her
lawsuit, Janice alleges that her supervisor subjected her to harassment
because of her religious beliefs and her refusal to distribute emergency
contraception to patients. Her supervisor was particularly upset that
Janice was educating her patients-many of whom came from a Catholic
background with the belief that life begins at conception-about how
emergency contraception works, namely, its "abortifacient" qualities.
In the months before Janice lost her job, her supervisor continually
reiterated her distaste for Janice's pro-life views regarding emergency
contraception and repeatedly told her that she "was not a complete
nurse." During Janice's final evaluation, the supervisor informed her
that budget cuts would soon be forthcoming. She then warned Janice that
her position could be cut and that if she wanted another position in the
department, she would have to be willing to dispense emergency
contraception. Shortly thereafter, Janice was notified that her position
was being cut-and she would be laid off.
Yet at the time of the so-called "lay-off," the family planning clinic
was advertising for a position with the same job requirements as those
held by Janice-the only exception being that the description now
included the distribution of emergency contraception as an explicit job
requirement.
So Janice Turner's lawsuit is asking that the Marion County Health
Department cease its discriminatory practices and that the department
institute a policy ensuring that religious beliefs be accommodated and
respected.
After all, America was founded on the concept that life is sacrosanct
and religious beliefs deserve specific protection, a concept that is
enshrined in our First Amendment. As such, our Constitution is intended
to protect people such as Janice Turner-those who have strong beliefs
and are willing to sacrifice their livelihood to protect them. Whether
they work in a hospital or a homeless shelter, at a grocery store or in
a schoolhouse, all Americans have a constitutional right to have their
religious beliefs respected and accommodated in the workplace. Without
this, there is no true equality and freedom in the workplace.
Attorneys for The Rutherford Institute
reached a mutually agreeable resolution in Feb. 2003 with the Marion
County Health Department on behalf of Janice Turner. As part of the
settlement agreement, a new policy was enacted preventing discrimination
of employees based upon religious or moral beliefs regarding abortion or
contraception and requiring the health department to accommodate those
beliefs.