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CVS, Ex-Nurse Stay Contraceptive Suit Pending Supreme Court Case

Feb. 9, 2023, 3:05 PM UTC
Annelise Levy
Annelise Levy
Reporter

A CVS Pharmacy Inc. nurse that was allegedly fired after refusing to prescribe contraceptives and Plan B can stay her religious discrimination suit against the retailer pending the Supreme Court’s decision in Groff v. DeJoy.

Suzanne Schuler’s lawsuit in the US District Court for the District of Kansas is joined by two similar cases brought by fired CVS nurses in Texas and Virginia. Neither has requested a stay as of Thursday.

The Supreme Court is scheduled to hear Groff on April 18, and its outcome could make it more difficult for employers to challenge religious accommodation requests.

  • Current religious accommodation test relies on Supreme Court’s 1977 decision in Trans World Airlines, Inc. v. Hardison, holding employers only need to show that a requested accommodation under Title VII would impose a minimal, “undue” burden to be able to reject it
  • CVS didn’t oppose staying the lawsuit
  • Nurses were allegedly previously granted accommodations until CVS deemed treatment for pregnancy prevention essential to provider and nurse functions

Linus Baker of Stilwell, Kan., represents Schuler. Littler Mendelson PC represents CVS.

The case is Schuler v. CVS Pharmacy, D. Kan., No. 22-cv-02415, 2/8/23.

To contact the reporter on this story: Annelise Gilbert at agilbert1@bloombergindustry.com

To contact the editors responsible for this story: Rob Tricchinelli at rtricchinelli@bloomberglaw.com; Carmen Castro-Pagán at ccastro-pagan@bloomberglaw.com

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