Lawsuit claims Eugene plasma donation center banned gay man for sexual history
PORTLAND, Ore. (KOIN) – A plasma donation company is facing a class action lawsuit after an openly gay man claimed their Eugene donation facility prohibited him from making a donation due to his sexuality.
According to a lawsuit filed on behalf of John Cavanaugh, an openly gay man, the Grifols Talecris Plasma Donation Center banned him from donating plasma after he answered “yes” on a questionnaire that asked whether he has ever had sexual contact with another man.
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Grifols tests plasma for STIs after it is donated, but Cavanaugh also said he had no history of STIs at the time of the incident.
The ACLU of Oregon’s lawsuit claims Grifols made a “blanket ban” on Cavanaugh that discriminated against gay and bisexual men.
“Grifols discriminated against Mr. Cavanaugh, refusing to treat him the same as all other donors in this state, merely because he has been in same-gender relationships,” said Shenoa Payne, one of Cavanaugh’s attorneys. “Grifols is perpetuating outdated stereotypes and false stigmas that dehumanize the LGBTQ+ community.”
The lawsuit claims Grifols’ treatment toward Cavanaugh is “contrary to recommendations” by the U.S. Food and Drug Administration (FDA). The FDA recommends individualized health risk assessments when screening donors for plasma, but does not ban gay or bisexual men from donations.
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“Upon passing the health screening, Mr. Cavanaugh should have been able to donate plasma, with the same dignity, respect, and equal rights and freedoms that is afforded to all Oregonians, regardless of sexual orientation,” Payne said.
Kelly Simon, the legal director of the ACLU of Oregon, said they decided to sue Grifols to “protect the rights of all Oregonians to access public services and facilities free from discrimination.”
“In Oregon, we believe lesbian, gay, bisexual, transgender, and queer people have the right to live openly without discrimination — to have equal rights, freedoms, and personal autonomy the same as all people,” Simon said.
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Cavanaugh described the incident as a “reminder of the historic discrimination the LGBTQ+ community has faced,” adding that “it felt so dehumanizing to have that historic stigmatization once again thrown in my face.”
“I want to dispel the harmful, false myths about the LGBTQ+ community and to ensure that medical and business communities stop perpetuating and operating on these myths,” Cavanaugh said. “No one should experience the discrimination and denial I did just because of who they are or who they love.”
KOIN 6 reached out to Grifols for comment, but has yet to receive a response.
Stay with KOIN 6 News as this story develops.
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