News Release January 07, 2005

Bonfils Blood Center Statement Regarding Couture Appeal

For more information contact:
Jessica Maitland 303.363.2364
Julie Wedding 303.361.2873
Bonfils Blood Center

DENVER (January 07, 2005) - Former Bonfils Blood Center employee, John Couture, brought a suit against Bonfils Blood Center in December of 2002 for wrongful termination after resigning his position. On August 31, 2004, Judge Robert E. Blackburn issued a summary judgment dismissing the case and finding that Bonfils committed no adverse employment action or outrageous conduct against the plaintiff. On January 6, 2004, several advocacy groups including The American Civil Liberty Union (ACLU) submitted a friend-of-the-court brief supporting the former employee who is HIV positive. However, the 10th Circuit has not yet ruled on whether to allow the filing.

Below is the statement issued by Bonfils Blood Center on January 6, 2004, in response to the friend-of-the-court filing.

“Earlier today Bonfils Blood Center learned that the American Civil Liberties Union has submitted a statement of its views regarding a case pending before the United States Court of Appeals for the Tenth Circuit. Because the ACLU is not a party to that case, it remains to be seen whether the Court will accept its statement for consideration. For now, and in light of certain misstatements contained in the ACLU’s related press release, Bonfils offers the following information:

On August 31, 2004, the United States District Court for the District of Colorado entered judgment in favor of Bonfils Blood Center and against John Couture, a former employee who had resigned from his employment. The District Court dismissed all of Mr. Couture’s claims with prejudice, finding that he had suffered no adverse employment action. The judgment also ordered Mr. Couture to pay Bonfils thousands of dollars in costs Bonfils Blood Center had to incur because of his lawsuit.

Although Mr. Couture has not yet complied with the District Court’s judgment, he and the groups representing him have chosen to pursue an appeal, which is still pending. Bonfils is confident that, like the District Court, the United States Court of Appeals will apply the law to the evidence and reject the claim that Bonfils Blood Center engaged in unlawful discrimination.”