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You would think an employee would win an Americans with Disabilities Act lawsuit If she was fired two weeks after having a double mastectomy.

But here's a case where the employee actually did not have breast cancer.

She had the BRCA1 gene mutation, which makes it way much more likely to get breast cancer in the future.

This case went to a federal district court in Ohio and the court said that she's going to lose this case because she cannot show that she has a current limitation of a major life activity.

A future likelihood — Yes, but there's no present disability. So she loses her ADA case.

[I learned about this case from a blog post by  Daniel Pasternak at Squire Patton Boggs. He writes for the Employment Law Worldview. Read his interesting thought here: Genetic Mutation Is Not A Disability under the ADA, Says Ohio Federal Court (US).]