6th Circ. Revives ADA Bias Suit Over Noncancerous Condition

Law360 (June 30, 2020, 8:43 PM EDT) -- The Sixth Circuit on Tuesday revived a wrongful firing suit from a former administrative assistant for an Ohio day care facility, ruling that her gene mutation and abnormal cell growth might have qualified as a disability under federal law even though she didn't have cancer.

In its opinion, the three-judge panel reversed a district court's dismissal of Sherryl Darby's Americans with Disabilities Act suit claiming she was improperly terminated by Childvine Inc. after undergoing a double mastectomy her doctors recommended following the finding of an epithelial cell abnormality and a positive test for the BRCA1 gene.

In her complaint, Darby alleged...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Subscribers Only

Nature of Suit

Subscribers Only


Subscribers Only

Date Filed

Subscribers Only

Law Firms

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!