Rue21 of Warrendale asked a federal judge to dismiss a pregnancy and gender discrimination lawsuit filed by a former senior buyer.

In an answer filed Monday to an amended complaint filed by Angela Ferguson of Ambridge, an attorney for the clothing and accessories store denied the allegations in the complaint and asked Judge William S. Stickman, of the District Court of Western Pennsylvania, to dismiss the suit with prejudice, a permanent dismissal.

Ferguson, whose last position with Rue21 was as senior buyer during her employment from October 2016 to June 12, 2020, told the company she was pregnant, and was approved for maternity leave in January 2020, according to the suit filed on her behalf by attorney Amy N. Williamson of Edgar Snyder and Associates of Pittsburgh.

Shortly after that, Ferguson said she was passed over for a promotion, and she and a number of other employees were furloughed in March 2020 in the company's “hunkering down phase” due to the COVID-19 pandemic.

She was terminated in June that year in a cost-cutting effort, but lower performing peers were retained and the company filled her position with a new employee soon after she was fired, according to the suit.

“Ferguson believes the stated reason for including her position in the first round of layoffs was pretext, and that she was terminated as part of Rue21's continued pattern and practice of targeting female, pregnant employees,” she argues in the suit.

In the company's response, filed by attorney Katelyn W. McCombs, of Littler Mendelson, P.C., of Pittsburgh, Rue21 confirmed that Ferguson was terminated as part of a reduction in force due to the financial needs of the company, but denied the other allegations.

The suit argues that the company fired Ferguson because of her sex and pregnancy and firing her violated the Pennsylvania Human Relations Act.

Her termination resulted in lost wages and benefits, humiliation, inconvenience, mental distress and embarrassment.

She is seeking reinstatement, payment of lost wages and benefits, unspecified punitive and compensatory damages and reimbursement of legal costs from the suit. She demanded a jury trial.

Rue21 argued that the suit fails to make a claim for which relief could be granted, and the claims made in the suit occurred outside the applicable statutes of limitations.

The company also said its actions were taken for legitimate, non-discriminatory and non-retaliatory reasons.