Attorney Zachary Nahass represented a retired police officer who had been the victim of unlawful discrimination when a plasma donation facility prevented him from donating due to his use of a service dog. Zach secured a favorable decision in federal court from the United States Third Circuit Court of Appeals by persuading it that a plasma donation facility is subject to the regulations of the Americans with Disabilities Act.
The Third Circuit both affirmed and reversed in part the earlier decision of the United States District Court for the Middle District of Pennsylvania, which had granted summary judgment in favor of the Defendant plasma donation facility. The Third Circuit Opinion requires that a plasma donation facility, like a service establishment, must produce evidence of a legitimate health or safety concern to justify a policy that prohibits the use of service animals.
If you are an individual who may be subject to unlawful discrimination, Zach can assist you. Correspondingly, if you are a business looking to ensure compliance with the ever-changing landscape of the law, including the Americans with Disabilities Act, Zach can guide you. Zach is the Co-Chair of the CGA Law Firm Labor & Employment Practice Group and a leading member of the Firm’s Litigation Department.