Couture v. Bonfils Memorial Blood Bank, 10th Circuit, Amicus Brief by ACLU, et al

Categories

• Employment
• HIV as a Disability Under Antidiscrimination Law

Resource Type

Pleadings and Briefs  

Description

Couture v. Bonfils Memorial Blood Bank, 10th Circuit, Amicus Brief by ACLU, et al 2005-01-06 Couture v. Bonfils Memorial Blood Bank, 10th Circuit, January 7th, 2005: Motion of American Civil Liberties Union, American Civil Liberties Union of Colorado, AIDS Alliance for Children, Youth and Families, Association of Nurses in AIDS Care, Boulder County AIDS Project, Northern Colorado AIDS Project, and Whitman-Walker Clinic, for leave to file a brief as amici curiae in support of plaintiff-appellant, urging reversal On a wrongful employment action brought under the Americans with Disabilities Act (ADA) and state anti-discrimination laws, amici contend that the direct threat affirmative defense is not applicable here because an HIV-positive phlebotomist may safely draw blood. This document contains both the motion for leave to file an amicus brief pursuant to Rule 29(b) of the Federal Rules of Appellate Procedure and the amicus brief itself. The organizations represented on this brief are national or Colorado state advocacy organizations with relevant specialized knowledge including constitutional and individual rights of HIV-positive citizens, employment discrimination based on HIV status and the ADA, healthcare practices and outreach regarding HIV, and phlebotomy practices and HIV. Amici state that exaggerated fears and misconceptions about HIV transmission will be used to justify discrimination. In order for an employer to successfully invoke the direct threat affirmative defense there must be a significant risk of substantial harm. Objective scientific evidence from naturally recognized sources such as the Center for Disease Control (CDC) shows that the chances of transmission from the phlebotomist to a donor are so statistically unlikely that they are essentially zero. Phlebotomy is not a procedure that the CDC prohibits HIV status employees from performing. Millions of people donate blood every year and there is no known instance of phlebotomist to donor transmission. Strong public policy concerns are raised by the lower courts dismissal of plaintiffs claims. ADAs stated purpose is to protect disabled individuals from employment decisions based on irrational prejudice and fear.  

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Published

2005-January-06