Durbin and Duckworth asked Brewer to review the national policy to ensure that all customers’ privacy is respected and to provide more transparent instructions and notices about which Walgreens stores offer full access to contraception.
As the policy stands now, Walgreens allows employees to refuse to sell contraceptives to customers if it conflicts with their personal beliefs. However, they are required to refer customers to another employee who can complete the transaction, according to Walgreens spokesperson Fraser Engerman. Employees requiring religious accommodations must seek approval through a formal process with the company. Archrival CVS Pharmacy reportedly has a similar policy.
The controversy comes a month after the Supreme overturned Roe v. wade, the historic decision that guarantees a woman’s right to abortion, which many states have since moved to limit or ban. Durbin and Duckworth argue in their letter that some states have also moved to limit access to various forms of contraception.
“Such limitations are compounded by Walgreens policy, which may be at the expense of its customers’ right to privacy, in that an employee who refuses to complete a transaction involving contraceptives must communicate their objection to a co-worker.” , they wrote. “In addition, despite your policy’s requirement that a customer’s needs be met in a ‘timely’ manner, even if a pharmacist has a moral objection, your policy is reported to have delayed timely access to medications.”
Durbin and Duckworth are asking Walgreens to require its stores to post signs clearly indicating whether pharmacists and cashiers at a particular location can refuse to sell contraceptives. The senators also ask that Walgreens notify customers through its app and website, and provide additional training and education for employees to ensure they follow updated policies.
Engerman told Crain’s in a statement this morning that Walgreens will “fully respond” to the senators’ letter.
“We have reminded our team members of our policies and processes and will update our training so our team members can deliver a positive patient and customer experience,” Engerman said.
Walgreens took on calls for a boycott on social media last week after a Twitter user shared that they were denied condom sales at a Walgreens in Hayward, Wisconsin. A cashier allegedly told the customer that he would not sell the condoms because of his faith.
The senators’ letter follows issued guidance by the US Department of Health and Human Services earlier this month to some 60,000 retail pharmacies that receive federal financial assistance from Medicare and Medicaid payments. The agency reiterated that these facilities must protect people’s rights to access reproductive health care from a pharmacy, including prescription contraceptives.
The senators’ letter in its entirety reads:
Dear Mrs. Brewer:
We wrote about our concerns about recent reports that a national Walgreens policy allows employees to refuse to provide contraceptives to customers based on their religious or moral beliefs. In these cases, clients reportedly suffered public embarrassment or faced a significant delay in accessing medications prescribed by a health care provider. We respectfully request that you review your policy to ensure that your customers’ privacy is respected and that they receive clearer notice as to whether they will have full access to contraceptives in your stores.
One client reportedly encountered significant obstacles in refilling her prescription for birth control, a medication she had been on for six years. Even though his healthcare provider had already given him the prescription, a Walgreens pharmacist asked his client to talk to his provider again. His client was allegedly only able to access his medication after her provider reconfirmed that refills were available, and only after he sought his medication from another pharmacist. According to Walgreens policy, if pharmacists refuse to fill a prescription “to which they have a moral objection,” they are “obligated to refer the prescription to another pharmacist or manager on duty to meet the patient’s needs in a timely manner.” ”. However, in this case, his client was reportedly unable to access her medication for four days, delaying needed care.
Also, a couple of other customers went to a Walgreens store earlier this month to buy condoms and other items. The cashier reportedly refused to cash the condoms, explaining: “[Walgreens] I can sell you that… But I won’t, because of my faith.” Although one of his customers responded that his choice to buy condoms was “none of his business,” the cashier repeated his assertion that his “faith demands” that he not sell condoms. The cashier then allegedly motioned for his manager to “knock [the cashier] completely off the record, to avoid any digital contact with a condom… and left with a smile. A spokesperson explained that Walgreens policies “are designed to ensure that we meet the needs of our patients and customers while respecting the religious and moral beliefs of our team members.” However, in the process of respecting the beliefs of his employees, as one of his customers explained, the cashier who refused to sell condoms “proceeded to shame me in front of other customers for my reproductive choices.” Furthermore, its policy apparently does not expressly respect the religious and moral beliefs of its customers who wish to purchase legal drugs and contraceptives.
The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has unleashed a health crisis in the United States. Now that Roe v. Wade and that Americans no longer have a constitutional right to reproductive health options, many states across the country have banned or severely limited access. Some states have gone even further to interfere with the provider-patient relationship, moving to limit access to various forms of contraception. Such limitations are compounded by Walgreens policy, which may be at the expense of its customers’ right to privacy, in that an employee who refuses to complete a transaction involving contraceptives must communicate their objection to a co-worker. Additionally, despite your policy’s requirement that a customer’s needs be met in a “timely” manner, even if a pharmacist has a moral objection, your policy is reported to have delayed timely access to medications.
In particular, on July 13, 2022, the US Department of Health and Human Services (HHS) issued guidance to approximately 60,000 US retail pharmacies, reminding them of their obligations under federal civil rights. Because pharmacies like Walgreens receive federal financial assistance, including through Medicare and Medicaid payments, they are prohibited by law from discriminating on the basis of race, color, national origin, sex, age, and disability in their programs and activities. The guidance notes that the HHS Office for Civil Rights is responsible for protecting the rights of pregnant women and individuals in their ability to access care without discrimination, including the ability to access reproductive health care at a pharmacy. such as prescription drugs.
In an effort to increase transparency for customers looking to purchase contraceptives and other forms of birth control at Walgreens, we respectfully request that you:
- Require their stores to post signs that clearly indicate whether a store employs pharmacists and/or cashiers who refuse to dispense contraceptives and other forms of birth control, as well as company policies;
- Notify Walgreens customers through its app and website of its policies regarding the dispensing and sale of contraceptives; Y
- Provide more training and education to Walgreens staff to ensure they follow these policies while respecting the privacy and beliefs of their customers.
In addition, these informational materials must be accessible to Limited English Proficient (LEP) persons in places where applicable and to persons with disabilities nationwide. Customers should have the option to go elsewhere to purchase these products without being judged or discriminated against by your employees. If customers choose to seek contraceptives at Walgreens, employees with religious or moral objections should be required to respect customers’ privacy by privately communicating their objections to a co-worker.
We request a meeting to discuss these issues and better understand what steps you will take to ensure that Walgreens respects the constitutional right of its customers to access contraception.
Thanks for your time and consideration. We expect your quick reply.