Conscience
Protection in California
The California Fair Employment and Housing Act (FEHA)
(Government Code § 12900 et seq.) provides broad workplace
and union affiliation protection substantially similar to that
explained above under the section on Title VII of the
1964 Civil Rights Act. Its definition of religion for
purposes of conscientious objection matches that of Title
VII. As with Title VII, FEHA does not
specifically address healthcare providers. It is a law of very
broad application protecting individuals from discrimination on
a variety of bases including religious beliefs.
California
is the only state that protects the civil rights of health
care providers and health care institutions who conscientiously
object to complying with an individual’s health care instructions
made in a living will or with a health care decision made according
to a durable power of attorney for health care regarding the withholding
or withdrawal of life-sustaining treatment.
California Probate Code § 4734 (2000)(enacted by 1999 Cal.
Assembly Bill 891).
California is one of ten states that protect
the civil rights of health care providers who object to participating
in abortion only and only when
the health care providers are individuals or private institutions.
California
Health & Safety Code § 123420 (West 1996)
California
is one of eleven states that protect the civil rights of medical
and nursing students who conscientiously object. California
Health & Safety Code § 123420(B) (West 1996)
