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Gene Linked to Abnormal Cell Growth Supports Worker’s Bias Suit

June 30, 2020, 4:58 PM

An Ohio childcare provider must face an administrative assistant’s suit alleging she was fired in violation of federal disability discrimination law because she has a gene associated with breast cancer that impaired her normal cell growth, the Sixth Circuit ruled Tuesday in an apparent case of first impression.

The court revived Sherryl Darby’s claim against Childvine Inc. even though her condition wasn’t diagnosed as cancerous.

A “genetic mutation that merely predisposes an individual to other conditions, such as cancer,” isn’t a disability covered by the Americans with Disabilities Act, it said. But Darby’s suit plausibly alleges her BRAC1 mutation is...

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