Darby v. Childvine, Inc., No. 19-4214 (6th Cir. 2020)Annotate this Case
Darby notified her Childvine supervisor that she had been diagnosed with breast cancer and was scheduled for a double mastectomy. Mayhugh expressed doubt about whether Childvine would allow Darby to remain employed when her surgery date fell within her 90-day probationary period. Darby moved the procedure to the day after her probationary period expired. Darby’s request to use her vacation and sick time to recover from the procedure was approved. When Darby returned to work, with a medical release, she learned that Childvine had sent a letter of termination effective on the last day of her probationary period because of an “unpleasant” attitude, dress code violations, and “being unable to work.” Darby filed suit under the Americans with Disabilities Act (ADA), noting that she was never disciplined for behavior issues. In reviewing Darby’s medical records, Childvine learned that Darby was never diagnosed with cancer; she had a family history of cancer and the BRCA1 “pre-cancerous genetic mutation.” The district court stated that the definition of physical impairment does not include a condition that might lead to cancer, and dismissed the case.
The Sixth Circuit reversed. Darby plausibly alleged that her impairment substantially limits her normal cell growth as compared to the general population due to both the BRCA1 gene and a medical diagnosis of abnormal epithelial cell growth serious enough to warrant a double mastectomy.