Shelton v. University of Medicine & Dentistry of New Jersey

Shelton v. University of Medicine & Dentistry
of New Jersey,
No. 99-5527 (3rd Cir. (N.J.) August 10, 2000)

Labor and delivery nurse sued
hospital alleging religion-based employment discrimination. The nurse, a member
of the Pentecostal faith, routinely refused to participate in emergency procedures
which she considered to be abortions. The department did not perform elective
abortions. When the department decided it could no longer accommodate the nurse’s
refusals because in their opinion they posed a patient safety risk, the nurse
was offered a transfer to the Newborn ICU department or, alternatively, the
opportunity to explore other positions with the Human Resources Department.
The nurse refused to pursue either accommodation. The Third Circuit Court of
Appeals dismissed the nurse’s claims. The court, characterizing health care
providers as public protectors, held that, because the nurse refused the efforts
made by the hospital to accommodate her beliefs, her allegations that the efforts
were inadequate and constituted discrimination were without merit.