High fee award puts public and private healthcare employers on notice
Media Contacts: Barbara Fornasiero, EAFocus Communications; barbara@eafocus.com; 248.260.8466; Noel Sterett; nsterett@daltontomich.com; 815.997.7221
Rockford, Illinois —February 16, 2022—Circuit Court Judge Eugene Doherty issued an attorney fee award of over $374,000 against Winnebago County today in a case involving the Illinois Health Care Right of Conscience Act.
Attorney Noel Sterett, a partner with the law firm of Dalton + Tomich, and his co-counsel, Whitman Brisky and Nathan Noble, filed the case in 2016 on behalf of pediatric nurse Sandra Rojas after she lost her job of 18 years at the Winnebago County Public Health Clinic. In 2015, the County’s Public Health Administrator, Dr. Sandra Martell, determined that Rojas could not keep her job at the clinic if she was not willing to accept new duties which involved providing abortion referrals and contraception. Rojas, an observant Catholic, exercised her statutory right of conscience and lost her job as a result.
“The purpose of filing this lawsuit was to ensure that no nurse or doctor is ever forced to refer for abortions—least of all those who entered the profession to follow their faith and save lives,” Sterett said. “Healthcare professionals should not be required to violate their conscience to keep their jobs. Thankfully, Illinois has laws that protect a health care professional’s right to not participate in the provision of medical services which violate their conscience,” Sterett said.
In the attorney fee award, the Court noted that the County contested the case “vigorously” over the last five years, which only added to the amount of attorney fees incurred in the case. Rojas’ attorneys defeated the County’s various efforts to have her claims dismissed and even prevailed when the County appealed to the Appellate Court.
“Nurse Rojas’s case set significant precedent and now stands as a seminal case under the Illinois Health Care Right of Conscience Act,” Sterett said. “The Court’s fee award will hopefully encourage other public and private health care employers to respect their employees’ rights of conscience.”
About Dalton + Tomich
Established in 2010, Dalton + Tomich PLC is comprised of religious liberty, land use, denominational trust law, and business law attorneys. Learn more about our services at https://www.daltontomich.com/.
###
In 2015, Hope Rising Community Church experienced extreme opposition, the kind that would force it to close its doors and leave behind the families and youth it was so passionate about reaching. As the lead pastor I felt helpless, inferior and as if I had no […]
Read MoreDalton & Tomich’s assistance in our RLUIPA matter has paved the way for our church to continue serving the community and for new churches in the area to thrive in the future. Thank you from the bottom of our hearts for your stand for religious […]
Read MoreThe Urban Church will be forever grateful to Dalton & Tomich plc for navigating it through a difficult land use issue. Let them give you honest and caring advice because that’s exactly what they’ll do.
Read MoreDalton & Tomich, PLC defended a complicated case at a church we insure. Not only is the firm professional, they understand how church business runs and work well within church leadership.
Read MoreDalton & Tomich, PLC helped us immensely in the areas of litigation and negotiation! Their professionalism and understanding of church policy helped our church be victorious in a modern day religious land use battle. RLUIPA Religious Land Use Case: Lighthouse Community Church of God
Read MoreDalton & Tomich, PLC serves as General Counsel for the 144 churches within the Church of God in Michigan. The firm provides the legal expertise we need in dealing with the issues that arise during the course of fulfilling our ministry.
Read MoreI met Dan Dalton during a dark time for our church. He was recommended as the leading RLUIPA attorney in the nation. He demonstrated wisdom, expertise, a gentle nature, a calming inter-relational skill, genuineness, and a humble demeanor, while at the same time, being sharp, […]
Read MoreMr. Dalton’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. His personal interest in helping our church went “above and beyond” just the call of duty. His understanding of both legal and spiritual matters seems to uniquely […]
Read More