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Woman With Gene Linked to Breast Cancer Doesn’t Fall Under ADA

Nov. 21, 2019, 7:41 PM

A woman who had a gene associated with breast cancer and who was fired by an early childcare provider soon after she had a double mastectomy can’t sue for disability discrimination under federal or state law, the Southern District of Ohio ruled.

Sherryl Darby failed to allege that she had a disability covered by the Americans with Disabilities Act or the Ohio Civil Rights Act, Judge Michael R. Barrett said Nov. 20. Darby originally asserted in her lawsuit that she had the surgery after being diagnosed with breast cancer, but it was revealed during discovery that she had elective surgery ...

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