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Cenzon-DeCarlo v. Mount Sinai Hospital

United States District Court for the Eastern District of New York

2010 WL 169485 (2010)

Facts

Catherina Lorena Cenzon-DeCarlo (plaintiff) was a nurse at Mount Sinai Hospital (the hospital) (defendant), where she typically was assigned eight or nine overtime shifts per month. Although the hospital was aware of Cenzon-DeCarlo’s religious objection to participating in abortion procedures, she was forced to participate in an abortion procedure while working an overtime shift. Cenzon-DeCarlo complained to her supervisors and filed a grievance. The next month, Cenzon-DeCarlo was assigned only one overtime shift and was told by her manager that she would no longer be assigned any overtime shifts unless she agreed to participate in abortion procedures. Cenzon-DeCarlo subsequently filed suit, claiming that the hospital had discriminated against her in violation of the Church Amendment (the amendment), which, in part, prohibits hospitals that receive federal funding from discriminating against an employee for the employee’s refusal to perform or participate in abortion procedures. Cenzon-DeCarlo and the hospital agreed that the amendment did not provide any express private right of action. The hospital filed a motion for summary judgment and argued, in part, that the amendment also did not provide any implied private right of action.

Rule of Law

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Issue

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Holding and Reasoning (Dearie, J.)

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