Substantially Mutated: Are Genetic Mutations “Disabilities” Under the Americans with Disabilities Act?

Abstract

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability to ensure that disabled Americans are given equal opportunity to participate in all aspects of life. Title I of the ADA, in particular, prohibits employers from discriminating against employees because of a disability in all employment matters. Courts have struggled to consistently define which impairments constitute a disability under the statute. In June 2020, in Darby v. Childvine, Inc., the U.S. Court of Appeals for the Sixth Circuit seemingly expanded ADA coverage by holding that Sherryl Darby plausibly alleged that she was disabled due to a genetic mutation. This Comment argues that the Sixth Circuit properly allowed Darby’s claim to survive a motion to dismiss, echoing the legislative intent behind the ADA Amendments Act of 2008.