Gone Viral: Plasma Lab Pays $60K to Settle EEOC Lawsuit on Deferred Donor’s Behalf

It’s not necessary that an employee have an actual disability in order to find an employer liable for violating the Americans With Disabilities Act. It’s enough that the employer perceived the employee to be disabled or acted because the employee has a record of disability.

That’s a lesson driven home today to Plasma Biological Services, a Tennessee-based company, which the Equal Employment Opportunity Commission alleged illegally placed an employee on a deferred donor list after an initial screening for a plasma donation showed a viral marker.

After the employee’s supervisor learned of his placement on the deferred donor list, the supervisor immediately terminated him. Subsequent tests showed the employee was actually negative for such a viral marker, the EEOC charged.

EEOC said that Plasma Biological Services, LLC and Interstate Blood Bank, Inc., dba Plasma Biological Service, which own and operate plasma collection centers, agreed to pay $60,000 to settle the lawsuit.

As part of the settlement, Plasma agreed to modify its Standard Operating Policy Manual to state that it does not maintain a policy of refusing to hire applicants or a policy of discharging any employee because he or she tests positive for a viral marker.

Read more about the lawsuit and the settlement here.

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