Plasma donation company forever bans gay man from donating plasma without conducting an individual assessment, contrary to guidance from the U.S. Food and Drug Administration (FDA)
PORTLAND, Ore. — The ACLU of Oregon along with 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. Grifols’ discriminatory actions violate 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 has ever had sexual contact with another 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.
How Grifols treated Mr. Cavanaugh is also contrary to recommendations by the U.S. Food and Drug Administration (FDA). In May 2023, the FDA finalized their new recommendations for determining eligibility for blood donations. The FDA recommends individualized health risk assessments when screening donors for plasma, not blanket bans against any group of people — including 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. Grifols is perpetuating outdated stereotypes and false stigmas that dehumanize the LGBTQ+ community,” said Shenoa Payne, one of Mr. Cavanaugh’s attorneys. “Grifols’ policies are in direct contradiction to current FDA guidelines, which recommend an individualized health assessment regardless of sexual orientation. 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.”
Mr. Cavanaugh's experience at Grifols remains a painful reminder of the history of misinformation about the LGBTQ+ community. “I didn’t celebrate when blood product donation policies were updated to be more inclusive of LGBTQ+ people. It was just a reminder of the historic discrimination the LGBTQ+ community has faced. So when Grifols banned me from donating plasma without even conducting an assessment of my health risk factors, it felt so dehumanizing to have that historic stigmatization once again thrown in my face.”
“The discrimination that Mr. Cavanaugh experienced is not acceptable nor legal. The ACLU of Oregon and our legal partners are taking Grifols to court to hold them accountable for their discriminatory practices and to protect the rights of all Oregonians to access public services and facilities free from discrimination,” said Kelly Simon, Legal Director of the ACLU of Oregon. “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.”
Mr. Cavanaugh hopes his painful experience will force companies to evaluate and change discriminatory practices and policies. “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. No one should experience the discrimination and denial I did just because of who they are or who they love.”
About the ACLU of Oregon:
The ACLU of Oregon is a nonpartisan, nonprofit membership organization with more than 28,000 members statewide. The organization works in the courts, legislature, and communities to defend and advance our democracy, civil liberties, and civil rights.
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