Birth control pills over the counter walgreens

Experts said the Supreme Court may be poised to revisit a standard set in 1977 on how far employers must go to accommodate a worker's religious beliefs.

John Fritze Sara Edwards

USA TODAY

• Federal law requires employers to make "reasonable" accommodations for workers' religious beliefs.
• Legal experts say the policies embraced by drugstore chains appear to align with the law.
• Debate over the issue has intensified since the Supreme Court overruled Roe v. Wade in June.

WASHINGTON – The nation's largest drugstore chains have come under scrutiny in recent weeks for policies that allow pharmacists to refuse to dispense birth control if doing so conflicts with their religious or moral beliefs.

For the most part, experts say, the law is on their side.

Title VII of the Civil Rights Act of 1964 requires companies to accommodate workers' religious beliefs as long as the request doesn't create an "undue hardship" on an employer. Just how far employers must go is open to debate – but the Supreme Court has repeatedly signaled an interest in expanding religious rights, not limiting them.

Customers are calling for a Walgreens boycott after claims that customers are being denied birth control and condoms went viral.

Customers also claimed that they  began receiving unsolicited baby formula samples in the mail after purchasing reproductive products or pregnancy tests. 

The stories reflect a tense transition period in America, as many U.S. states start adapting to the overturning of a federally protected right to a legalized abortion.

That ruling on a longstanding precedent set by Roe v. Wade now has some corporations struggling with franchises or regional stores.  Some have workers who refuse to sell products which contribute to reproductive rights, medication used for miscarriages or legal abortions.

Some customers are using the hashtag #BoycottWalgreens on social media platforms like TikTok and Twitter to  highlight being denied birth control or condoms because of the cashier’s moral or religious beliefs. 

Pharmacists denying birth control sales over 'moral objection'

TikTok user Abigail Martin said she has been using birth control for six years. She said she called in her prescription on a Saturday, only to receive a response saying that she was out of refills.

After waiting on hold and receiving no response, Martin said she went into a Walgreens location to talk to the pharmacist.

In a recent TikTok, Martin said the woman at the pharmacy, who she said was wearing two crosses around her neck, looked Martin up and down before saying she couldn't refill the prescription.

"I said, 'You won't refill it or you can't refill it?' And she goes, 'You just need to call your provider,'" Martin said.

After getting confirmation from her provider and a four-day delay on her prescription, Martin said she called Walgreens again and  had her prescription filled. 

Martin said the Walgreens representative also asked which employee refilled the prescription.

"She goes, 'I know exactly who you're talking about and we've been having this problem for the last two weeks,'" Martin said on her TikTok. "They've been having this problem for the last two weeks, they've been having a problem with women not being able to get their birth control."

Walgreens responded to multiple tweets saying company policy “allows pharmacists to step away from filling a prescription for which they have a moral objection.” 

“At the same time, they are also required to refer the prescription to another pharmacist or manager on duty to meet the patient’s needs in a timely manner,” the tweet said. 

Fraser Engerman, senior director of external relations at Walgreens, said instances like this are very rare. 

“Our policies are designed to ensure we meet the needs of our patients and customers while respecting the religious and moral beliefs of our team members,” he said in an email. “In the instance a team member has a religious or moral conviction that prevents them from meeting a customer need, we require them to refer the customer to another employee or manager on duty who can complete the transaction.” 

Deliveries of baby formula despite shortage 

Some  customers reported receiving formula after using a Walgreens rewards card to buy a pregnancy test, while others said they were sent some after refilling their birth control. 

Molly Carlin from Ohio is a mother of 19-year-old twins who thought her days of baby products were behind her until she received a package of baby formula from Enfamil in the mail.

"Hey Enfamil ... can you tell me WHY I received a free package of baby formula in the mail during a national formula shortage," she said in a tweet. "Don't think my 19 year old twins need it as much as many others do."

Enfamil's Twitter account responded saying Carlin had to "opt-in" to receive any promotional items from Reckitt, the parent company of Enfamil. But Carlin said she had never heard of Reckitt, so she wouldn't have opted into anything from the company.

"I've never heard of Reckitt so I wouldn't have 'opted in' to any promotional materials, let alone for baby formula when my twins were born in ’03," she said in her Twitter response. "Maybe more efficient customer research before mailing out baby formula to just anyone during a national shortage."

Other people have also taken to Twitter saying they received unsolicited baby formula in the mail, despite not having any children.  Some have been donating them to local pregnancy centers or putting them up in "buy for nothing" Facebook groups for people who need them.

A pre-recorded menu message for the company said that it is not currently offering free samples or discount coupons at this time.

A spokesperson for Reckitt, the parent company of Enfamil, sent a statement to USA TODAY saying it does not have access to Walgreens' customer personal information.

"To receive any promotional items from Reckitt, consumers must opt-in and provide consent either with Reckitt directly or with one of its partners," the statement said. “Reckitt, which includes the Enfamil brand, is committed to protecting our consumers’ privacy and we treat your personal information extremely seriously."

Author Jen St. Jude  shared concerns after receiving unsolicited boxes of formula.

In an interview for Insider, St. Jude whose pronouns are she/they, said receiving baby formula out of the blue like that felt invasive and could be wasteful during a time when formula is already hard to find.

Back in April:Nearly 30% of popular baby formula brands sold out, stores ration sales

"It's kind of messed up that they're sending out the samples clearly to mass lists when people actually desperately need it," they said.

St. Jude said they believe they received the formula after creating a baby registry a few months ago. However, the registry was made for an adoption that fell through.

"The baby was due around now, like a couple of weeks ago, so I thought, 'They just think I have a new child, and they're trying to hook me,' which I thought was a little annoying," St. Jude said.

Cashiers also denying condom sales

Nate Pentz said he and his partner Jess went to a Walgreens in Hayward, Wisconsin, to pick up some condoms because Jess had left her birth control at home. As they were checking out, Pentz said the cashier told her he couldn't sell her the condoms.

"We can, but I won't, because of my faith," he said the cashier told them. 

Pentz then filed a complaint with Walgreens and posted a screenshot to Twitter, saying the cashier refused to sell them condoms because of his "faith" and "proceeded to embarrass him in front of other customers for his reproductive choices."

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