![]() ![]() In addition, Bio-Medics agrees to distribute copies of its New Policies to its employees and donors, upon request. Also, Bio-Medics agrees to post a copy of its New Policies in the waiting areas of all of its plasma donation centers. In order to take steps to make sure that qualified individuals with disabilities, including those who are deaf or hard of hearing and/or blind or have low vision, are not discriminated against, Bio-Medics agrees to the following:ġ3.ěio-Medics agrees to continue to use its new policies for Acceptability of Blind Donors and Acceptability of Hearing Impaired Donors ("New Policies") attached to this agreement as Appendix B and Appendix C respectively. Under the ADA, "t shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity." 42 U.S.C. The ADA and its implementing regulation require public accommodations to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations. The ADA provides that "o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation." 42 U.S.C. is blind and is therefore a person with a disability within the meaning of 42 U.S.C. § 12181(7)(F ) and its implementing regulation, 28 C.F.R. Bio-Medics is a public accommodation pursuant to 42 U.S.C. The United States asserts that Bio-Medics is a private entity that owns five plasma donation centers in California, Idaho, Utah, Washington, and West Virginia. ![]() ![]() The parties enter into this Agreement in order to avoid unnecessary and costly litigation and hereby agree as follows:Ĩ. The Attorney General is authorized to investigate alleged violations of title III of the ADA, and to bring a civil action in federal court if the United States is unable to secure voluntary compliance in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, 42 U.S.C. However, soon after they became aware of 's complaint Bio-Medics contends that it developed procedures so individuals with disabilities could donate their plasma for a fee.Ħ. Bio-Medics also stated that it is governed by the Food and Drug Administration ("FDA") and thus it had to consult them prior to permitting individuals with disabilities, including those with sight impairments, to donate their plasma for a fee. Bio-Medics' position is that at the time that came in to donate, it did not have procedures in place to accommodate persons with disabilities and that this had never been an issue in the past. The United States contends that Bio-Medics' refusal to permit to donate his plasma because he is blind violated 's rights under Title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. The complaint alleges that was prohibited from donating his plasma at a Bio-Medics donation center because he is blind.Ĥ. This matter was initiated by a complaint filed by the American Council of the Blind on behalf of ("") with the United States against Bio-Medics. Bio-Medics owns and operates plasma donation centers and it pays its donors a fee in exchange for their plasma.ģ. Bio-Medics is incorporated under the laws of the state of California. The parties to this Settlement Agreement ("Agreement") are the United States of America and Bio-Medics ("Bio-Medics").Ģ. BIO-MEDICS SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BIO-MEDICS DJ # No. ![]()
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