Walgreens faces rights complaints

The American Civil Liberties Union and the Southwest Women’s Law Center have filed two complaints with the New Mexico Human Rights Bureau against Walgreens, claiming that a pharmacist refused to fill a prescription related to a teenager’s birth control plans.

The organizations say the pharmacist last summer refused to fill one of three prescriptions related to an IUD insertion scheduled for the following day. The pharmacist told the girl’s mother she’d have to have the prescription filled at another pharmacy because filling it was against his “personal beliefs,” according to the groups.

The medication, Misoprostol, is commonly prescribed for ulcer treatment in addition to reproductive health issues. It also can be used to induce an abortion.

The girl’s mother has said her daughter opted for an IUD because she had struggled with difficult menstrual cycles and birth control medications.

The ACLU and SWLC say the pharmacist’s denial of service constituted discrimination based on gender, which is illegal under the state’s Human Rights Act.

“Birth control and other medications related to reproductive health are a vital part of health care for women. Walgreens can work to accommodate the personal beliefs of its employees, but they must not do so by permitting discriminatory denials of care that burden their patients and customers,” ACLU attorney Erin Armstrong said in a prepared statement.

Walgreens said in an email to the Journal that it does allow pharmacists and other employees to “step away from completing a transaction to which they may have a moral objection,” but requires them to refer the transaction to another employee or manager on duty. It said the chain has retrained its New Mexico pharmacists and store managers on its policies and procedures.

“The policy’s objective is to ensure that in these rare instances, patients — both male and female — are offered reasonable alternatives to access legally prescribed medications,” according to the email.

“We have expressed our desire to work closely with the ACLU of New Mexico to address its concerns, and also as we review our policies and evaluate other services to help meet the needs of patients and customers.”