The following statement can be attributed to ACLU-NJ Staff Attorney Molly Linhorst:
“The Attorney General’s case against Virtua Health sends a clear message: health care providers should not be drug testing pregnant people without their informed consent. Since the ACLU-NJ first filed discrimination complaints about this practice with the Division on Civil Rights, we have heard from dozens of people from across the state with similar stories. Many of whom – including our client, Kaitlin K., whose experience helped form the backbone of this new case – were subjected to unnecessary and invasive investigations by the Department of Child Protection and Permanency. The investigation by the Division of Civil Rights revealed that because of its unlawful drug testing policy, Virtua Health has been responsible for nearly 25% of all referrals made to DCPP arising out of perinatal drug tests, even though they only account for 9.4% of deliveries in New Jersey. No parent should have to fear that they will lose custody of their children over a single, unreliable, and nonconsensual test. We applaud the Attorney General and the Division on Civil Rights for taking steps to end this discriminatory practice.”
Read the Attorney General's announcement and complaint here.