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...
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