Minnesota halts court action against CSL Plasma for discriminating based on gender identity

CSL Plasma has satisfied terms of a court agreement to prevent discriminatory screening of donors based on gender identity, the Minnesota Department of Human Rights announced Tuesday.

The progress prompted the state agency to end its court action against the Florida-based company, which started in 2019 after a transgender Minnesota woman said she was banned from donating because of her gender identity.

"Today we celebrate the progress that has been made so that trans and non-binary Minnesotans can live with dignity, free from discrimination," said Rebecca Lucero, the state's human rights commissioner. "Our consent decree has provided CSL Plasma with the tools and framework needed to root out discriminatory practices from its business."

A company spokesperson didn't immediately reply to a request for comment Tuesday morning. An attorney for Alice James, the transgender woman who sued CSL, said she is grateful for the state joining the case and putting public pressure on the company.

"That did change CSL's tune," said James' attorney, Josh Newville.

James ended up being one of two people pressing claims of discrimination against CSL. Charlie Edgar was added to the state's case in 2019 over similar claims that the company denied the opportunity to donate over the Minnesotan's non-binary gender identity.

CSL didn't have to admit fault as part of the 2021 state settlement, but set policies preventing gender identity as a reason to deny someone from donating plasma at its five Minnesota collection centers. It also trained staff on those policies and submitted reports to the state on when and why people were denied the opportunity to donate plasma.

Plasma is the clear liquid in blood that is used in a variety of surgeries and medical therapies. While people who give plasma are often called donors, companies such as CSL compensate them with as much as $500 per month.

The U.S. Food and Drug Administration advises collection centers to allow blood-product donors to self-identify their gender and says gender identity in and of itself is not a reason to rule out donation.

The FDA expanded guidelines earlier this year to allow blood donations by sexually active men who are in monogamous relationships with other men. Donations are still deferred if men have new or multiple male sexual partners in order to reduce the risk of HIV transmission via blood transfusions.