Prohibits discrimination against a person who refuses to perform an abortion when it is against his or her conscience or religious beliefs

Title of bill

An act to amend the civil rights law, in relation to prohibiting discrimination against person who refuses to perform certain act

Purpose of bill

To give complete and effective civil rights protection to health and human services workers who have conscientious objections to morally offensive medical procedures and policies.

Summary of provisions

Section one amends section 79-1 of the civil rights law, as added by chapter 1098 of the laws of 1971. The amendment would allow an individual to refuse to perform an abortion if it is contrary to the conscience or religious belief of the person. This measure would also protect the individual from discrimination in their workplace due to their objection. The bill would also protect the right to refuse assistance to end a life or provide contraceptive devices.

Justification

Many health and human service workers are confronted with the dilemma of cooperation in medical and legal acts that offend their moral beliefs. This is especially true for those workers in secular institutions who are called on to participate in or refer people for abortion or contraception, or who must advise people about their right to decline medical treatment at the end of life. With the potential legalization of assisted suicide and abortion-inducing drugs on the horizon, the plight of the conscientious objection will soon become even more precarious. The law needs to respect and affirm the inherent right of conscientious objectors.

Current civil rights law do not adequately protect doctors, nurses, pharmacists, social workers and other health and human services workers, especially those who are employed by secular or state institutions. Section 79-1 of the New York State Civil Rights Law currently provides that a person who has a conscientious or religious objection to performing or assisting in an abortion shall not suffer any form of discrimination. However, the law does not grant similar protection to those who do not wish to be involved in morally objectionable end-of-life decisions, or issues relating to contraception. It also does not clearly give protection to social workers and others in the human services field (e.g., a counselor who does not wish to be compelled to provide abortion information or referrals, or participate on condom demonstrations), or pharmacists who do not wish to be involved in the dispensing of medication for objectionable purposes.

In addition, the Civil Right Law's current requirement that a person file a prior written statement of refusal is inappropriate. Civil Right's statutes should not require a prior statement of a person's religious or moral beliefs, or limit protection only to those who have made such a statement. In effect, the section discriminates against those who are not aware of their rights before being placed in a difficult situation. It also leaves workers vulnerable to negative repercussions on the job (e.g., a hostile work environment).

To provide full protection to conscientious objectors, the law should make clear that individuals may not suffer any threat to their professional licenses, and that they may bring lawsuits to vindicate their rights. Finally, all employees of social service agencies and health care institutions should be advised of their rights under this section, so that no person may feel pressure to participate in a morally objectionable act out of ignorance of his/her rights,

Legislative history

1997-98: S.4923, referred to Codes. 1999-00: S.2186, referred to Codes. 2001-02: S.4915, referred to Codes. 2003-04: S.146, referred to Codes. 2005-06: S.1873, referred to Codes. 2007-08: S.6644, referred to Codes.

Fiscal implications

None determined.

Effective date

This act shall take effect immediately.