In a case of first impression, the U.S. Court of Appeals for the Sixth Circuit ruled recently that a claim brought under the Americans with Disabilities Act (ADA) alleging discrimination on the basis of a genetic mutation could proceed to discovery, reversing a federal trial court’s dismissal of the case. In Darby v. Childvine, Inc., No. 19-4214 (6th Cir. June 30, 2020), the appeals court held that discovery was necessary in order to determine if a gene associated with breast cancer substantially limits the major life activity of normal cell growth.

Although the courts have been reluctant to rule that having characteristics that predispose an individual to an illness or disease can be an impairment under the ADA, the plaintiff in Darby alleged more than simply that her genetic mutation (the BRCA1 gene) interfered with normal cell growth. Indeed, she alleged that it actually affected normal cell growth.

The Sixth Circuit, noting that the 2008 Americans with Disabilities Act Amendments Act (ADAAA) requires courts to liberally construe the definition of disability “tip

[ping] in favor of coverage” for those cases on the margin, agreed that the plaintiff was entitled to present expert testimony on her claim.

Members of the Center for Workplace Compliance (CWC) can read more here.