Hospital May Fire Employee Whose Religion Prevented Working in Abortion Unit

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On June 29 a federal court dismissed a lawsuit brought against a hospital by a former employee who was fired because she refused to work in a unit where abortions were performed.

In 2012 Nikita Montgomery was hired to work in the Planned Parenthood department of a county hospital.  In accepting the employment, she told the hiring manager that she had left her employment at another family planning clinic because it was going to start providing abortions—a practice against her religious beliefs.

In 2013 the hospital told Nikita that her duties would be split 50-50 between the unit she was already working in and the unit where abortions were performed.  She refused, citing her religious beliefs.  The hospital fired her.

Nikita’s suit alleged religious discrimination and retaliatory firing in violation of Title VII of the Civil Rights Act of 1964.

The court granted the defendant’s motion to dismiss.  In the court’s view Nikita had failed to allege that she was fired “for a discriminatory purpose (i.e., that her religious beliefs were the basis for her discharge).”  As the court saw it, the hospital’s action in assigning Nikita to the abortion unit was taken merely “in spite of” and not “because of” her religious beliefs.  The court also noted that Nikita had not alleged making a request that the hospital try to accommodate her religious beliefs.

The case is Montgomery v. Cook County et al., No. 14 C 3556, 210948 (N.D. Ill. June 29).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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