Woman Says Pro-Life View Cost Her A Job Promotion

CNSNews ^ | May 30, 2003 | Susan Jones

[John Lenin]

An Illinois woman who says her pro-life views cost her a job promotion is suing the Dekalb County Health Department.

The American Center for Law and Justice, an international public interest law firm, filed the lawsuit in federal court in Rockford, Ill., on Thursday.

"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 with the ACLJ.

"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 ACLJ, acting on behalf of Faith Moncivaiz, accuses the county health department and three supervisors of discrimination; violating Moncivaiz's constitutional rights; and breaking a state law that specifically 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," Manion said in a press release.

Moncivaiz worked as a part-time secretary for the 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 to a full-time secretarial job. During the interview, Moncivaiz was asked if she spoke Spanish, something that would allow her to serve as a translator for the county's family planning program -- which includes abortion services.

Moncivaiz said she didn't want to work in the family planning program because of her moral and religious opposition to abortion.

According to the lawsuit, Moncivaiz was told she didn't get the promotion because of her stand on abortion. Moreover, the lawsuit claims that a county health official told Moncivaiz she was expected to adopt the health department's view of abortion, even outside of work.

Moncivaiz continued to work as a part-time secretary for the WIC program until she resigned in March 2003.

According to the American Center for Law and Justice, 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 for loss of income and benefits as well as mental distress and anguish.

The Virginia-based American Center for Law and Justice describes itself as an international public interest law firm specializing in constitutional law and pro-life litigation. ">

[John Lenin]

I hope she wins.

[Doctor Raoul]

Liberals are fascist Naxis. Note that they commanded her to express their opinion on her own time too.

That's what fascists are, those who demand only the state's opinion be honored. That's what makes liberals fascists.

[Michael.SF.]

Moncivaiz was asked if she spoke Spanish...allow her to serve as a translator for the county's family planning program -- which includes abortion services.

Moncivaiz said she didn't want to work in the family planning program because of her moral and religious opposition to abortion.

If she knew before hand that this was in the job description, why did she even apply?

According to the lawsuit, Moncivaiz was told she didn't get the promotion because of her stand on abortion.

Again, if it was in the job description.....

Moreover, the lawsuit claims that a county health official told Moncivaiz she was expected to adopt the health department's view of abortion, even outside of work.

Uh OH!!

Leftist mind control at work here. Sounds like an out of court settlement is in the making.

[Arpege92]

I'm a little confused here.....she claims she didn't want the family planning program because of her moral and religious opposition to abortion and when she didn't get the family planning program position, she sues claiming discrimination?

[tbpiper]

It looks like she was applying for a full time secretarial position and got an 'oh, by the way, do you speak spanish?' question. It seems they wanted to serve as an interpreter for the family planning group as well as be a full time secretary. The ariticle was very confusing, but I think this was the gist of it.

[Righter-than-Rush]

Confusing, yes, but I think you nailed the issue.

She applied for a position as secretary, NOT as a translator for the family planning people. Once hired as the secretary, she was told she would also be translating for the abortionist people. She will win.

[fourdeuce82d]

the lawsuit claims that a county health official told Moncivaiz she was expected to adopt the health department's view of abortion, even outside of work.

Ummm...lawyers involved, so we only have the claim that her speech outside of work was sanctioned.

Religious freedom is great, but what if she was a muslim working as a high school guidance counselor, and said she didn't feel comfortable recomending college for females, because they should stay at home?

[Jeff Gordon]

An Illinois woman who says her pro-life views cost her a job promotion is suing the Dekalb County Health Department.

Too bad she is Illinois. She might fair better in California where they want to force employers to higher tranvestites. Employers should never be allowed to consider comptency and suitablity as a criteria for any job.

[halfdome]

I don't think she was hired as the secretary, and then told to act as translator, as you say. The article says she was not given the job. It sounds to me like she didn't want to fulfill the job requirements. Another frivolous lawsuit.

[LWalk18]

I could see a case if they subsequently hired someone who did not speak Spanish. Otherwise, if translating for the Family Planning program was part of the duties, and she felt morally opposed, good for her but it means that someone else who was willing and able was more qualified. It is not like they fired her once she stated her beliefs.

[Doctor Raoul]

She might fair better in California where they want to force employers to higher tranvestites.

Force employers to post signs that say, "Transvestites under 6 foot need not apply"?

[Jeff Gordon]

"Transvestites under 6 foot need not apply"?

LOL

If they are shorter than 6 foot, the employer should be forced to give them growth harmones - or at least elevator shoes.

[Qwerty]

"I hope she wins."

You hope she wins a lawsuit in which she claims she was denied a job she told them she didn't want to do?

From the article: "Moncivaiz said she didn't want to work in the family planning program because of her moral and religious opposition to abortion.

Sounds like they did her a favor.

If your job requires you to work in the family planning program, and your religious convictions prevent you from working in the family planning program.. then you're a bad candidate for the job.

[truthserum]

Key point of lawsuit:

"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.'"

Illinois law requires both private and public health care providers not to discminate on this basis. A public health agency does so despite the law. Hmmmmm. You're a big government, my government right or wrong, kind of person?

In the interests of disclosure, sign me,

Jim Henderson
Senior Counsel
The American Center for Law and Justice

(but this isn't my case)

[Coleus]

http://www.aclj.org/news/pressreleases/030529_illinois.asp

And we thought there was a freedom of religion in this country. It looks like this county Health Dept. has a freedom "from" religion and moral conscious requirement.

[firebrand]

her sincerely held religious beliefs that abortion was not an appropriate alternative to an unwanted pregnancy."

Well, what is "an . . . alternative to an unwanted pregnancy"? In an attempt to be politically correct, this writer has created gibberish.

[Alamo-Girl]

Thanks for the heads up!

[Chancellor Palpatine]

How many of your duties involve fund raising, and how many frivolus suits do you file in order to put alleged "outrages" into fundraising materials?

Don't be shy - let us know how many dollars from the lemmings you guys waste.

[Chancellor Palpatine]

frivolus=frivolous

[The Californian]

Good for you. I must say, your organization seems to handle very good cases - when I see the ACL-Useless, I know I'll disagree, and when I see you guys, I know I'll probably agree.

Good luck from someone who would quit rather than sue - but I'm glad that there are people who will fight. It benefits all of us poor secretaries who are asked to do things that are WAY outside the job description.