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Court Rejects Immune Deficiency as ADA Protected
Because of that holding, U.S. District Court Judge George Daniels threw out a breach of contract and discrimination suit filed against the now defunct Arience Capital Management L.P. by Rebecca Bar-Tur, according to a National Law Journal news account.
According to the story, Bar-Tur’s condition is characterized by a reduction in antibodies, making it more likely for someone diagnosed with it to get sick than the average person.
While not denying that the condition represented a physical impairment, Daniels ruled that Bar Tur had not shown that it “substantially impacts” life functions such as breathing, sleeping and speaking.
Arience Capital, a hedge fund founded in 2002, closed in December 2008 due to the volatile economy. A month earlier, it discharged Bar-Tur, who had joined the hedge fund in February 2007 from Morgan Stanley, the Law Journal article indicated.