Disability discrimination suit filed against treasurer's office
A former county employee submitted a lawsuit Thursday in the U.S. District Court in Pittsburgh alleging disability discrimination, retaliation and wrongful termination.
Debra Bisch, 58, of Valencia, was listed as the plaintiff in a lawsuit against the Butler County Treasurer's Office that was submitted by attorney Brian Benestad of HKM Employment Attorneys.
“I don't have anything else to say other than what's been alleged in the complaint,” Benestad said Friday.
The complaint was filed Thursday with a summons issued Friday to the treasurer's office.
The complaint included two counts, one of discrimination and retaliation relating to the Americans with Disabilities Act and a second count for discrimination and retaliation pertaining to the Pennsylvania Human Relations Act.
“(The treasurer's office) knew or should have known about the discrimination and retaliatory conduct to which (Bisch) was subjected and failed to take appropriate remedial action,” the complaint said.
Bisch is seeking more than $75,000 in damages to remediate lost wages, medical expenses and court costs, among others.
“(The treasurer's office's) failure to maintain a workplace free of discrimination and retaliation and the failure to take prompt remedial action were intentional, malicious and in reckless indifference to (Bisch's) protected state rights,” the complaint said.
Bisch worked for the Butler County Commissioners' office for 14 years before her two years with the treasurer's office, ending in 2018.
County Treasurer Diane Marburger on Friday confirmed that Bisch was “at one point my second deputy until I dismissed her back in October of 2018.”
Marburger said she was not yet aware of the lawsuit, and she would not comment further without having all of the information relating to the case. County Solicitor H. William White III said the county had not yet received any documents regarding the lawsuit.
According to the complaint, Marburger knew Bisch has type 1 diabetes when the latter was hired, but failed to accommodate Bisch's symptoms of the disease and other conditions.
Bisch also has Dupuytren's contracture in both hands. The hand deformity causes knots of tissue to form under the skin on a person's hands, eventually resulting in one or more fingers being permanently in a bent position.
Between March and May 2018, Bisch underwent treatment and surgery on both hands. “Ms. Marburger advised (Bisch) that she could not use vacation days for doctors' appointments or treatment for her medical condition and disabilities,” the complaint said.
The complaint also contends that in July or August 2018, Bisch suffered a diabetic episode after her blood sugar dropped “very low,” prompting her to unknowingly make a mistake in cash counting, which was later noticed by Marburger.
“As such, (Bisch) asked for help, but she received no response, and (Bisch) treated her insulin shock within 10 to 15 minutes,” the complaint said.
The complaint goes on to say the mistake could have been corrected during the deposit process, and argued Bisch would not have made the mistake had it not been for her medical emergency.
“Nonetheless, Ms. Marburger ridiculed (Bisch) in front of three co-workers,” the complaint said.
Shortly after, Marburger and First Deputy Treasurer Janine Thoma met with Bisch in the county park to discuss her future with the treasurer's office, according to the complaint. Bisch's “declining health” was cited as a reason Bisch should “move on” from the treasurer's office, according to the complaint.
“They discussed Ms. Bisch's declining health and that, as a result of the need for increasing medical treatment, it would be best for Plaintiff to secure other, less stressful employment, such as an administrative position within the County, and to move on from the Treasurer's office,” the complaint said of the meeting between the three.
The complaint alleges that Marburger allowed Bisch four to eight weeks to apply for new jobs in the county offices, so she could keep the county's health insurance.
Bisch told Marburger she believed her health and disabilities might impede her from finding another job in the county offices, according to the complaint. The complaint further contends Bisch told Marburger the stress could lead to her insulin pump not working.
The complaint said Marburger “provided the reasonable accommodation” by having another employee do end-of-day deposits. “However, (the treasurer's office) did not provide other reasonable accommodations, which would have allowed (Bisch) to continue working at the treasurer's office,” the complaint said.
The treasurer's office must act on the lawsuit within 21 days of being notified.
