After hearing about Target's failure to fill prescriptions for Plan B, I sent a letter in to their corporate offices indicating my displeasure. Their response is cowardly and disingenuous. My response to their form letter is below the fold.
On Nov 14, 2005, at 8:24 AM, Target.Response wrote:
Dear Target Guest
In our ongoing effort to provide great service to our guests, Target consistently ensures that prescriptions for the emergency contraceptive Plan B are filled. As an Equal Opportunity Employer, Title VII of the Civil Rights Act of 1964 also requires us to accommodate our team members' sincerely held religious beliefs.
In the rare event that a pharmacist's beliefs conflict with filling a guest's prescription for the emergency contraceptive Plan B, our policy requires our pharmacists to take responsibility for ensuring that the guest's prescription is filled in a timely and respectful manner, either by another Target pharmacist or a different pharmacy.
The emergency contraceptive Plan B is the only medication for which this policy applies.
Under no circumstances can the pharmacist prevent the prescription from being filled, make discourteous or judgmental remarks, or discuss his or her religious beliefs with the guest.
Target abides by all state and local laws and, in the event that other laws conflict with our policy, we follow the law.
We're surprised and disappointed by Planned Parenthood's negative campaign. We've been talking with Planned Parenthood to clarify our policy and reinforce our commitment to ensuring that our guests' prescriptions for the emergency contraceptive Plan B are filled. Our policy is similar to that of many other retailers and follows the recommendations of the American Pharmacists Association. That's why it's unclear why Target is being singled out.
We're committed to meeting the needs of our female guests and will continue to deliver upon that commitment.
Sincerely,
Jennifer Hanson
Target Executive Offices
My Response:
This is not accurate. Pharmacists are professionals and are bound by a code in the performance of their duties. While an individual pharmacist has the right to conscientious objection under professional standards, they are absolutely required to ensure the fulfillment of the prescription. Given that the effectiveness of the drug declines substantially after 24 hours, and given that a woman would need significant time to obtain a prescription, your response is evasive and antagonistic to non-religious right customers.
Target is well within the law to terminate an employee for failure to meet the requirements of the professional certification without running afoul of Title VII. Under your analysis, any restaurant that employed Orthodox Jews would need two food preparation areas, and you could not fire a Hindu short order cook for refusing to cook beef.
Target could easily take one of two actions in this case:
- Transfer any conscientious objector employee to a store with at least two professionals on staff at any time they are on the job
- Actively pursue OTC status for the drug to enable women to self-prescribe, eliminating any undue burden on your employees.
Otherwise, I will have to assume that Target is now targeting the Christian Right marketplace, and I will no longer feel welcome in your store.