Employment Law for Business 6th Edition by Dawn Bennett Alexander ,Laura Hartman

Exercise 4

A Penetacostal nurse claims she was constructively discharged after refusing to assist in medical procedures she considered to be abortions, because of her religious beliefs. She was initially transferred from labor and delivery to the newborn intensive care unit. Employee found this, unacceptable because she says she would once again be force to refuse tasks that involved allowing infants to die. The hospital invited employee to meet with human resources and to investigate available position, but she refused. Employee says the duty to assist in an accommodation never arose because a transfer to any other department is not a viable option since it required her to give up her eight years of specialized training and education and undertake retraining. employee is terminated and sues for religious discrimination. Does she win? Explain. (Shelton v. University of Medicine Dentistry of New Jersey, 223 F.3d 220; (3 rd Cir. 2000).