CCDC and four of its members allege that CSL Plasma, Inc. plasma donation centers in Colorado discriminate against people with several different kinds of disabilities by having policies and practices in place that prevent individuals with disabilities from donating plasma which helps other individuals who need plasma and denies the same individuals with disabilities the ability to receive compensation for their donations. The details in the legal theories are set forth in the attached Media Release and Complaint.
On May 13, 2020, the CCDC Civil Rights Legal Program working with the law firms of Relman Colfax PLLC and LaBarre Law Offices, P.C., filed a lawsuit under Title III of the Americans with Disabilities Act (“ADA”) and under the Colorado Anti-Discrimination Act (“CADA”) alleging that CSL Plasma, Inc., a multinational company that operates seven plasma donation centers in Colorado, discriminates against people with disabilities. The attached Complaint and Media Release provides the details.
As of April 29, 2021, any disputes with CSL Plasma have been resolved. The Explanation of Policies (below) describes CSL Plasma’s efforts to reasonably accommodate individuals with disabilities.
Explanation of Policies
CSL Plasma encourages all individuals who may meet U.S. Food and Drug Administration (FDA) eligibility requirements to donate plasma. CSL Plasma welcomes all such interested members of the community, regardless of disability, to visit any of its plasma collection centers throughout the United States. The urgency to donate plasma has never been greater, and we have remained open throughout the COVID-19 pandemic as an essential business.
We share some of our efforts to accommodate individuals with various disabilities below. Please contact your local CSL Plasma collection center if you believe that you require reasonable accommodation to assist with your plasma donation.
Psychosis: CSL Plasma permits an individual with schizophrenia or other mental illness that is sufficiently controlled by medication to donate, provided the individual meets all other eligibility requirements and the medication does not affect the safety of the donor or the purity or potency of the therapies that will be made from plasma. As with any other potential donation concern, CSL Plasma staff may request that an individual obtain from a healthcare provider confirmation that the individual may donate plasma subject to meeting all other eligibility requirements.
Service Animals: CSL Plasma permits a service dog to accompany a person with a disability throughout the donation process so long as the service dog remains under the control of its handler. CSL Plasma will accept a donor’s representation that a service dog has been individually trained to do work or perform tasks for the donor, and CSL Plasma staff may not require or request that the donor present medical or training documentation for the dog. However, if the dog interferes with the donation process, the donor may be required to have someone else watch the dog away from the donor floor.
Accessible Scales: Effective June 30, 2021, CSL Plasma will provide wheelchair-accessible scales at all of its Colorado plasma collection centers to confirm the donor’s weight, which is a standard part of the assessment of all donors.
Transfer to Donor Bed: Effective June 30, 2021, CSL Plasma will provide reasonable modifications — such as step stools and limited stability support from CSL Plasma staff — to assist individuals with disabilities to get on to and off of donor beds at all of its Colorado plasma collection centers. Any donor who needs additional assistance may use a contract health aide or personal assistant for purposes of such transfers. An individual needing assistance from CSL Plasma shall contact the local CSL Plasma collection center in advance and make such request in a reasonable time prior to visiting the center to ensure appropriate assistance is available at the time of donation.
- 2020.05.13 #1 Complaint, Complaint
- CSL Plasma, Inc. ADA/CADA Media Release, CSL Plasma, Inc. ADA/CADA Media Release
- May 21, 2020, Fox31 News Federal lawsuit alleges Colorado plasma donation centers are discriminating against potential donors