October 21, 2014

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October 20, 2014

Federal Court Enjoins the Application of the Contraceptive Mandate to Company Owned By the Founder of Domino’s Pizza

On March 14, 2013, U.S. District Court for the Eastern District of Michigan issued a preliminary injunction against the application of the contraceptive mandate under the Patient Protection and Affordable Care Act to a for-profit employer. District Court Judge Lawrence Zatkoff ruled that Domino’s Farm Corp., a for-profit property management company owned by Tom Monaghan, the founder of Domino’s Pizza, did not have to comply with the contraceptive mandate because it violated Monaghan’s religious beliefs. Judge Zatkoff wrote, “It is in the best interest of the public that Monaghan not be compelled to act in conflict with his religious beliefs.” Back in December 2012, Judge Zatoff had issued a temporary restraining order against the application of the contraceptive mandate to Domino’s Farms Corp. This preliminary injunction will enjoin the application of the law to Domino’s Farms Corp. unless the case is appealed.

Currently, there are more than 40 pending legal challenges to the contraceptive mandate. The key issue in these cases is extent to which for-profit employers have a right to religious freedom. The federal courts across the country are addressing this issue and coming to different conclusions.It seems that this issue will remain controversial until the Supreme Court definitively addresses it.

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About this Author

Mark D. Scudder, Barnes Thornburg Law Firm, Labor Law attorney
Of Counsel

Mark D. Scudder is an of counsel member of Barnes & Thornburg LLP's Labor and Employment Law Department in the Fort Wayne, Indiana office. Mr. Scudder’s practice covers virtually all areas of labor and employment law, including litigation concerning discriminatory practices, worker’s compensation benefits, collective bargaining agreement administration, and grievance and arbitration proceedings. He has represented clients in state and federal courts at all stages of litigation, from pre-litigation counseling, alternative dispute resolution, trial and appeal. He has also...

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