In Vandersand v. Wal-Mart Stores, 2007 U.S. Dist. LEXIS 55250 (CD IL, July 31, 2007), an Illinois federal district court refused to dismiss a religious discrimination claim by a pharmacist against Wal-Mart. Pharmacist Ethan Vandersand claimed that Wal-Mart violated Title VII of the 1964 Civil Rights Act and Illinois' Right of Conscience Act when it placed him on unpaid leave after he refused to dispense emergency contraceptives. Wal-Mart claimed it was merely complying with a state regulation that requires pharmacies to dispense Emergency Contraceptives without delay. However, the court held that "it is unclear at this stage whether Wal-Mart could comply with the Rule, and still accommodate Vandersand's beliefs, without an undue hardship.... For example, another pharmacist at the Pharmacy might have been able to fill such prescriptions."
The court also held that that Illinois Right of Conscience Act that prohibits discrimination "against any person in any manner . . . because of such person's conscientious refusal to . . . perform, assist, . . . or participate in any way in any particular form of health care services contrary to his or her conscience" applies to pharmacists.
