Plaintiff, a former licensed practical nurse for county health department, alleged that Defendants discriminated against her after she asserted that her religious beliefs prevented her from providing birth control, from providing "the morning-after pill", and from making referral for abortion. An employee making a claim of discrimination under the Right of Conscience Act is not required to prove an adverse employment action, as traditionally required in Title VII actions. If an employee contends that a job duty violates their right of conscience under the Right of Conscience Act, a transfer of that employee to a job which does not include the objected-to duty does not necessarily violate section 5 of the Act. A reasonable accommodation, as that term is used in Title VII jurisprudence, is not a defense to a right of Conscience Act claim or a Religious Freedom Act claim. (HUTCHINSON and SCHOSTOK, concurring.)
Illinois Appellate Court
Civil Court
Religious Freedom Restoration Act