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Press Release


Sacramento nurse sues union

 

Lawsuit addresses conflict of morals,

religious beliefs

After nearly two years of efforts for a resolution, Sacramento nurse Jennifer Le filed suit in federal court against the California Nurses Association in December.

Le, represented by Pacific Justice Institute, a nonprofit legal defense organization dedicated to the defense of civil liberties, objected to paying her dues to the nurses association. Le alleges the union's positions on specific moral issues conflicted with her religious beliefs. She is a Roman Catholic.

President of Pacific Justice Institute Brad Dacus said the lawsuit is addressing the civil rights issue of tolerance and said he feels there is a lack of accommodation for people with strong religious principles.

“Unions should not be able to get away with treating their union workers like second-class citizens and our association is willing to go up against controversial agendas,” Dacus said. “We have made a commitment to see this case until the end.”

Dacus also said Title VII of the Civil Rights Act requires unions to reasonably require accommodations for all citizens and pointed to a potential violation of this act throughout relations between Le and the California Nurses Association. Title VII bans employment discrimination based on race, color, religion, sex and national origin, according to the United States Equal Employment Opportunity Commission.

“All of their dues could go to a charity instead of the union, but the charity it goes to must also comply with the religious convictions of the employee,” Dacus said. “The union refused to allow her to give to a charity that was not in violation of her beliefs and convictions.”

The California Nurses Association offered Le five charity options, including Planned Parenthood and the AIDS Foundation, all of which she deemed inconsistent with the ideals of her faith.

Charles Idelson, a representative from the California Nurses Association, called the lawsuit “politically motivated” and said he feels that Pacific Justice Institute occupies an extreme position in the political spectrum.

“This lawsuit was introduced by a far-right organization that is way beyond the mainstream of American life,” Idelson said. “This case is without merit.”

Idelson also said he feels Le was treated fairly by the California Nurses Association and noted the organization's dedication to fair and lawful practices.

“This individual was given every right within the organization,” Idelson said. “The California Nurses Association respects everyone's civil rights.”

According to a Pacific Justice Institute press release dated Jan. 4, the majority of health facilities in the Sacramento area are now engaged in collective bargaining agreements for employee rights for the 58,000 union members, who typically exclude non-member nurses. It is known that lack of union affiliation make it difficult for other area nurses to find work.

Dacus noted that while the lawsuit was recently filed and still in its infancy, he is looking forward to a victorious finale for Le and Pacific Justice Institute.

“We've given the union two years to do what we feel is ethically and legally right,” Dacus said. “We are now looking forward to a judgment for which they will pay the price and learn the lesson.”

MOLLY BECHTEL can be reached at city@californiaaggie.com.

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