PITTSBURGH – A 65-year-old registered nurse alleges she was passed over for several prominent roles at facilities within the Allegheny Health Network, in favor of younger candidates and in violation of a federal age discrimination law.
Bernadette Volberg of Penn Hills filed suit in the U.S. District Court for the Western District of Pennsylvania on March 20 versus Allegheny Health Network, of Pittsburgh.
“Volberg began working at Allegheny General Hospital, within AHN, on March 3, 1997. Volberg was born on Nov. 13, 1958, and is 65 years old. Volberg is a Registered Nurse who has worked for Allegheny Health Network as a circulator in the Operating Room since approximately 2000. Her current wages are approximately $51/hour,” the suit says.
“Volberg applied for positions within the Allegheny Health Network involving internal travel to healthcare facilities at various locations. The positions that Volberg applied for pay approximately $85/hour. Volberg is qualified to perform each of the jobs she applied for but did not receive. Specifically, Volberg applied in 2023 for Registered Nurse positions at the Monroeville Surgery Center, the Operating Room at the Monroeville Surgery Center, and the Operating Room Travel Team. She also applied for a position at Forbes Regional Hospital.”
The suit adds that “despite her history, credentials, and experience, Volberg’s applications were rejected and younger candidates were selected for each position.”
“Volberg believes and therefore avers that the positions she applied for were filled by substantially-younger nurses who are not as qualified for the positions as Volberg. Upon information and belief, Volberg understands that younger nurses were being recruited for the positions that Volberg has been seeking. When Volberg asked why she was not selected, she was simply told in response that: ‘Unfortunately, Talent Acquisition did not receive any direct feedback from the hiring manager, so we are not sure why you were not selected,” the suit states.
“Defendant discriminated against Volberg because of her age, in violation of the Age Discrimination in Employment Act. But for Volberg’s age, defendant would not discriminated against her. Defendant’s violation of the ADEA was willful.”
For one count of violating ADEA, the plaintiff is seeking compensatory and punitive damages, plus costs of this action, liquidated damages, attorneys’ fees, and such other relief as the Court may deem just and proper under the circumstances.
The plaintiff is represented by Thomas B. Anderson of Bordas & Bordas, in Pittsburgh.
The defendant has not yet retained legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:24-cv-00372
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com