Feminist Women's Health Center v. Superior Court (52 Cal. App. 4th 1234, 1997)

Opinion

PUGLIA, P. J.

The issue presented by this petition is whether a female health center employee who agrees voluntarily to demonstrate a cervical self-examination to female clients and employees at the health center may sue the health center (and several of its supervisory employees) because the self-examination violates her constitutional right to privacy.

Respondent superior court granted summary adjudication of all of plaintiff Claudia Jenkins’s claims except the one alleging she was wrongfully terminated from employment in violation of her right to privacy. The defendants—Feminist Women’s Health Center (Center) and several of its employees—filed the instant petition seeking a writ to compel the superior court to adjudicate this remaining claim in their favor. We shall order the writ to issue.

Review of a summary judgment (or summary adjudication) motion by a Court of Appeal involves the same three-step process required of the trial court. (AARTS Productions, Inc. v. Crocker National Bank (1986) 179 Cal.App.3d 1061, 1064 [225 Cal.Rptr. 203].) “First, we identify the issues framed by the pleadings since it is these allegations to which the motion must respond by establishing a complete defense or otherwise showing there is no factual basis for relief on any theory reasonably contemplated by the opponent’s pleading. . . . HD Secondly, we determine whether the moving party’s showing has established facts which negate the opponent’s claim and justify a judgment in movant’s favor. . . . [H When a summary judgment motion prima facie justifies a judgment, the third and final step is to determine whether the opposition demonstrates the existence of a triable, material factual issue.” (AARTS Productions, Inc., supra, 179 Cal.App.3d at pp. 1064-1065, citations omitted.)

Where the superior court’s ruling on summary judgment will result in a trial on nonactionable claims, a writ of mandate will lie to preserve the resources of the court and the parties. (Code Civ. Proc., § 437c, subd. (/); Hansra v. Superior Court (1992) 7 Cal.App.4th 630, 637-638 [9 Cal.Rptr.2d 216].)

Plaintiff filed her complaint on May 17, 1994. It included a cause of action for wrongful termination in violation of public policy. The Center was a named defendant, as were Shauna Heckert, Dido Hasper, Lisa Williams, and Eileen Schnitger (employee defendants). The employee defendants were named because they were subject to suit under the California Fair Employment and Housing Act. (Gov. Code, § 12900 et seq.)

Plaintiff alleged: She was hired by defendants as a health worker pursuant to an oral contract entered in August 1993; defendants mandated that all female employees disrobe and display their vaginas to the employee defendants and various other employees; those who refused were advised that they either would be fired or would not receive promotions or raises; plaintiff refused to disrobe and was transferred to an intake clerk position before being terminated from employment on January 6, 1994; defendants’ policy violated plaintiff’s right to privacy and her right freely to maintain and practice religious and cultural beliefs as they pertained to the treatment and care of her body.

Defendants moved for summary judgment of plaintiff’s complaint and summary adjudication of its individual causes of action. Defendants’ motion was supported by multiple declarations, which we now review.

Defendant Dido Hasper, executive director of the Center, declared that the Center was founded as a nonprofit corporation in Chico in 1974. The Center was created because unmarried women found it difficult to obtain abortion and midwifery services as well as information regarding birth control, adoption and reproduction. The Center was inspired by the existence of similar centers in Los Angeles and Oakland. The Chico Center began offering services in 1975, including abortion services, pregnancy screening, well-woman gynecology, family planning, and a speakers’ bureau on women’s health topics. The Center expanded and presently has four clinics, located in Chico, Sacramento, Santa Rosa, and Redding.

Rasper’s declaration discussed self-help groups at which cervical self-examination was demonstrated. Rasper defined a self-help group as a gathering of women who want to learn more about their bodies and reproductive health care. She declared: “The goal is to give women the opportunity to talk to each other, share experiences, learn from each other, and learn about their own bodies. A common realization of participants in self-help groups is that women’s bodies and their normal reproductive functions have been medicalized and remain a mystery to them. The goal of self-help is to demystify and redefine the normal functions of a woman’s body. Our unique and effective, although not strictly necessary tool to accomplish this is for women to visualize their own cervixes and vaginas, which are not usually seen with the naked eye without the use of a vaginal speculum. In many, but not necessarily all, self-help clinic sessions, women are given the opportunity to learn how to use a plastic speculum. . . . [