Legal
Colorado ACLU Cases

Legal Department Docket, 2002-Present

Case Name: Couture v. Belle Bonfils Memorial Blood Center
Case Number: No. 04-1397, Tenth Circuit Court of Appeals
ACLU Case Number: 2004-09

Description: John Couture was hired as a phlebotomist by the Belle Bonfils Memorial Blood Center. During training, he disclosed that he was HIV positive, and he was then informed that he could not be a phlebotomist. He sued under the Americans with Disabilities Act (ADA). The district court dismissed his action, and he appealed.

The ACLU of Colorado, along with the ACLU Gay and Lesbian Rights Project and other organizations, filed an amicus brief in support of Couture. The ACLU brief argues that the “direct threat” defense under the ADA is not available to the defendant. Reviewing contemporary medical and scientific evidence, the brief explains that a person with HIV can safety perform the duties of a phlebotomist.

Issues: Rights of persons with disabilities

ACLU of Colorado Attorney: Mark Silverstein

Links to Selected Documents:

ACLU amicus brief, filed January 6, 2005

Back to the Legal Department Docket