PITTSBURGH – An Allegheny County court system hearing officer alleges that after disclosing her anxiety disorder to her superiors, she was not accommodated for that condition in violation of state law.
Annette Tierney filed suit in the Allegheny County Court of Common Pleas on Feb. 2 versus the Allegheny County Family Law Division. Both parties are of Pittsburgh.
“Tierney began working for the Allegheny County court system in its Family Law Division in 1990, when appointed by the Administrative Judge at the time, Eugene Strassburger. At all times pertinent hereto, Tierney was employed as a Hearing Officer. In 2018, Tierney submitted a reasonable request for accommodation after she was diagnosed by her physician with an anxiety disorder,” the suit says.
“Tierney requested that she be permitted to work exclusively out of the Penn Hills office instead of the office located in downtown Pittsburgh, or to do trainings remotely from the Penn Hills Office. Tierney was constantly told to amend her decisions because her supervisor, Jeanne Bingman, wrongly accused her of malfeasance in the way she handled cases. The ‘protocol’ that Bingham and the Administration was forcing Tierney to follow violated her oath to uphold the law and comply with the Rules of Civil Procedure, the Professional Code of Ethics and the Code of Judicial Conduct.”
The suit adds after making her request, Tierney was subjected to harassing and retaliatory conduct by her supervisors and co-workers. Furthermore, Tierney says she first communicated her need for accommodation with the Family Court Administrator, Patrick Quinn. In response, Quinn allegedly said, “I fail to see anything in your file for which we would have to accommodate you.”
Subsequently, Tierney proceeded to submit medical documentation showing her need for an accommodation for her anxiety disorder – and as a result, Tierney was forced to use unpaid leave through the Americans with Disabilities Act of 1990, instead of being given a reasonable accommodation or using paid time off when she could not attend events at the Pittsburgh office.
“Tierney has been subjected to false accusations of failing to attend meetings she did attend. In 2019, Tierney was suspended over alleged improper conduct. Tierney was never given the opportunity to present her side of the story before being suspended. Tierney was accused of ineffective performance related to a case that she did not hear,” the suit states.
“Tierney was not afforded the opportunity to explain that she had not heard the case but was instead reprimanded. Tierney was accused of not properly servicing a client. In fact, Tierney assisted the client, who had appeared late for a hearing without proper documentation for the hearing, by informing the client that they would need to schedule a new hearing and bring the required documents at the new hearing. Tierney was not given the chance to explain her position but was again reprimanded without recourse.”
For counts of disability discrimination, retaliation and failure to accommodate in violation of the Pennsylvania Human Relations Act, the plaintiff is seeking the following damages: Lost back pay resulting from plaintiff’s reduced hours after requesting an accommodation, compensatory damages, including emotional damages and humiliation, punitive damages to punish defendant’s conduct and to deter similar future conduct, costs for bringing this action, attorneys’ fees, pre-judgment and continuing interest, and any other relief that this Court deems necessary and proper.
The plaintiff is represented by David M. Manes of Manes & Narahari, in Pittsburgh.
The defendant has not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-001667
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com