Deaf man sues blood plasma company; DOJ weighs in

The Chicago Tribune reported that a 60-year-old deaf man from Aurora, Mark Gomez, sued a blood plasma company because they wouldn’t provide him an ASL interpreter to help him register to donate.

Gomez said in the lawsuit that in 2018, he went to a CSL Plasma Inc. location with the intention to donate plasma to earn money. He was not able to understand the registration forms and requested an ASL interpreter, but was turned away.

Gomez’s attorney is Steven Blonder with an advocacy organization called Equip for Equality.

The lawsuit was filed three months ago in federal court and alleged that the plasma company violated the ADA and the Illinois Human Rights Act by denying Gomez the opportunity to donate based on his disability.

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Last week, The Hill reported that the Department of Justice “weighed in” the lawsuit by writing a statement to clarify whether a plasma donation center is considered a service establishment because of the complicated nature of people providing plasma for cash. The DOJ looked at previous court cases and definitions of the word “service” and concluded that CSL Plasma is considered a “service establishment” and are therefore public accommodations under Title III of the ADA.

Title III of the ADA prohibits discrimination on the basis of disability in the activities of places of public accommodations. The DOJ’s statement adds strength to Gomez’s lawsuit.

Gomez told the Chicago Tribune,“My friends and family have donated with CSL Plasma, but I can’t just because I’m deaf. That’s discrimination.”

CSL Plasma told The Hill that they do provide ASL interpreters to prospective donors, but couldn’t comment on this specific lawsuit.

CSL Plasma explains on its website that when you enter a CSL Plasma donation center for the first time, their staff will ask some questions and then medical staff will review your medical history and conduct a physical examination. They say that donors could make more than $1,000 their first month.

https://www.chicagotribune.com/suburbs/aurora-beacon-news/ct-abn-aurora-plasma-deaf-lawsuit-st-0429-20200428-54sv73ok2fcknnfcw4s3dirzfy-story.html

https://thehill.com/regulation/court-battles/563240-doj-weighs-in-on-case-of-deaf-man-suing-blood-plasma-company-over?rl=1

https://www.ada.gov/gomez-v-csl_soi.pdf

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