MN Pharmacist Discriminated by Not Filling Emergency Contraception Rx

In a first-of-its-kind, historic decision, the Minnesota Court of Appeals has held that it is illegal sex discrimination under the Minnesota Human Rights Act for a pharmacist to refuse to fill a legitimate prescription for emergency contraception.

Just the Facts

The patient, Ms A, was the mother of 5 children. When her contraceptive failed, concerned that she could become pregnant, she contacted her health care provider, who issued a prescription for the emergency contraceptive Ella. Ms A requested that the prescription be sent to the only pharmacy in town–Thrifty White Pharmacy. Despite being initially told that the prescription would be ready the next day and would be covered by her insurance, Ms A received a call from the on-duty pharmacist who informed her that he would not be able to fill her prescription ‘for personal reasons’. When she asked for clarification, the pharmacist said he did not want to fill the prescription due to ‘his beliefs.’ He did not help her find another option for filling the prescription and, in fact, created more barriers to the patient obtaining the medication. Ms A contacted the owner of the Thrifty White store, who told Ms A that this wasn’t the first time the pharmacist had refused to fill such prescriptions. Although, the owner didn’t agree with the pharmacist, he noted that the pharmacist was a pastor in his local church. Ultimately, Ms A had to drive 100 miles round trip in a snowstorm to fill the prescription.

The Lawsuit

Ms A sued the pharmacy and the pharmacist, alleging that the pharmacist’s refusal to fill her prescription for emergency contraception constituted illegal sex discrimination under the Minnesota Human Rights Act. Specifically, the plaintiff alleged that she was discriminated against by being denied service because of her pregnancy-related health care needs. The lawsuit was filed on behalf of Ms A by Gender Justice. This nonprofit legal and policy advocacy organization often represents plaintiffs in legal cases brought under federal civil rights statutes. The case went to a jury trial in mid-2022, and the jury found that while discrimination had not occurred, the pharmacist had caused Ms A emotional harm, and the jury awarded $25,000 in damages. According to Gender Justice, because the verdict failed to protect other patients from sex discrimination, it appealed the decision, seeking to have the court specifically ruled that denying a woman such care amounts to discrimination.

The Court Decides

The case went to the Minnesota Court of Appeals. The Court of Appeals ruled that a pharmacist’s refusal to fill a woman’s prescription for emergency contraception based on personal beliefs constitutes illegal sex discrimination under the Minnesota Human Rights Act. The case has now been remanded back to the lower court for a trial on the question of the pharmacist’s liability. This case may be a sign of things to come as jurisdictions wrestle with issues of contraception and abortion rights.

References

Anderson v CVS Pharmacy; CVS Health Corporation; CVS Pharmacy, Inc; Aitkin Pharmacy Services; Thrifty White Pharmacy; and CVS Pharmacist George Badeaux. Minn. Stat. 549.211 (subd 2). Aitkin, Minn (2019).

First-of-its-kind decision finds pharmacist discriminated in not filling a valid emergency contraception prescription. News release. Gender Justice. Published March 18, 2024. Accessed April 11, 2024. https://www.genderjustice.us/anderson-update-march-2024/