WEST PALM BEACH — A former CVS nurse practitioner is suing CVS alleging it violated Title VII by failing to accommodate her religious beliefs and refusing to engage in meaningful discussion about alternative accommodations.
Gudrun Kristofersdottir claims she CVS then refused to accommodate her religious beliefs, according to a complaint filed in U.S. District Court for the Southern District of Florida.
Kristofersdottir claims she faced a conflict between her Christian beliefs and her job responsibilities at CVS regarding the prescription of hormonal contraceptives.
"After accommodating Gunna for several years, CVS fired her because it simply did not like her religious beliefs," Stephanie Taub, Senior Counsel for First Liberty Institute said. "It is illegal to issue a blanket revocation of all religious accommodations when CVS can accommodate its employees. CVS is sending a message that religious health care workers are not welcome and need not apply."
For more than seven years, CVS accommodated her religious beliefs by allowing her to refer patients seeking hormonal contraceptives to other providers at the MinuteClinic where she worked, according to the suit.
Kristofersdottir claims in August 2021 CVS abruptly revoked all religious accommodations related to prescribing contraceptives, including hers.
Despite Kristofersdottir's excellent performance and prior accommodation, CVS refused to consider her individual circumstances or discuss alternative accommodations, according to the suit.
Kristofersdottir claims the sudden change in CVS's policy directly impacted her, as she could not reconcile her religious beliefs with the new requirement to prescribe contraceptives.
She claims she suggested various alternatives, such as transferring her to a virtual position, a larger clinic, or a clinic specializing in COVID-19 where contraceptive prescriptions would not be requested.
CVS rejected these options, insisting on mandatory prescription of contraceptives for all nurse practitioners, regardless of their religious beliefs, according to the suit.
Kristofersdottir claims this policy change violated Title VII of the Civil Rights Act of 1964, which mandates that employers must accommodate religious practices unless the accommodation causes undue hardship.
CVS failed to consider individual circumstances and preemptively denied all religious accommodation requests, impacting employees based on religion, according to the suit.
Kristofersdottir claims despite being aware of her need for accommodation, CVS refused to engage with her on possible solutions, leading to her termination.
Kristofersdottir claims her religious beliefs, rooted in her Christian faith and the teachings of the Roman Catholic Church, prohibit her from participating in any way in facilitating artificial contraceptives, including hormonal contraceptives.
Kristofersdottir claims she holds that human life must be respected from conception and opposes abortion as morally wrong.
The plaintiff's qualifications and performance as a nurse practitioner were exemplary, with positive reviews from both patients and supervisors, according to the suit.
CVS's refusal to accommodate Kristofersdottir's religious beliefs contrasts with its accommodation of pharmacists and pharmacy technicians with similar beliefs, according to the suit.
Kristofersdottir claims despite numerous vacant nurse practitioner positions nationwide, CVS declined to transfer her to lateral positions that did not involve prescribing contraceptives.
Following her termination, she sought new employment opportunities and eventually secured a position with Marathon Health, according to the suit.
Kristofersdottir claims CVS offered to reinstate her after the Florida Legislature introduced SB 1580 to protect healthcare workers' conscience rights, but she declined the offer, citing CVS's previous hostility towards her religious beliefs and her comfort with her new employer's accommodation.
Kristofersdottir is seeking compensatory and punitive damages. She is represented by David J. Hacker, Taub and Ryan N. Gardner of First Liberty Institute in Plano, Texas; Tabitha M. Harrington of First Liberty Institute in Washington, D.C.; Doug Peterson of Keating, O'Gara, Nedved & Peter of Lincoln, Neb.; Jonathan Berry, Jared M. Kelson and Andrew Smith of Boyden Gray in Washington, D.C.; and Amber Stoner and Robert E. Minchin III of Lawson Huck Gonzalez in Tallahassee.
"Our employment laws protect religious freedom in the workplace," Berry said. "No one should have to choose between her faith and her job, especially where it would be easy to continue a longstanding religious accommodation."
U.S. District Court for the Southern District of Florida case number: 9:24-cv-80057