On July 17, 2024, the ACLU of Oregon along with our legal partners, Shenoa Payne, Attorney at Law, Beacon Employment Law, and Keller Rohrback Law Offices, filed a class action lawsuit against a company named Grifols for imposing a discriminatory blanket ban that effectively prohibits gay and bisexual men from donating plasma at its Oregon donation centers. This is a violation of Oregon’s public accommodations laws.
On January 24, 2024, Eugene resident, John Cavanaugh, went to the Grifols Talecris Plasma Donation Center in Eugene to donate plasma for the first time. As an openly gay man, Mr. Cavanaugh answered “yes” on the initial questionnaire that asked whether he had ever had sexual contact with a man. Because of that answer, Grifols told Mr. Cavanaugh that he was forever banned from donating his plasma.
Grifols enforced its discriminatory policy against Mr. Cavanaugh even though he had a negative blood test for sexually transmitted infections (STIs), has no history of STIs, and Grifols tests plasma for STIs after it is donated.
Grifols’ actions are in flagrant disregard of medical science and contrary to updated guidance of the U.S. Food and Drug Administration (FDA) which recommends individualized health risk assessments when screening donors for plasma, not blanket bans against any group of people — including gay and bisexual men.
Grifols’ exclusionary policy is unlawful. No one should experience discrimination because of who they are or who they love. Out-of-date practices based on false myths, not science and recommended best practices, are harmful and stigmatizing to the LGBTQ+ community and those living with HIV. Perpetuating these myths is extremely dangerous, especially when done so by the medical community.
The ACLU of Oregon and our legal partners are representing Mr. Cavanaugh and taking Grifols to court to ensure that this company is held accountable for its discriminatory practices and to protect the rights of all Oregonians to access public services and facilities free from discrimination.
All Oregonians — including lesbian, gay, bisexual, transgender, and queer people — have the right to live openly without discrimination and to have equal rights, freedoms, and personal autonomy.
