A former employee has filed a lawsuit against her previous employer, alleging discrimination and retaliation. Victoria J. Chirico filed the complaint in the United States District Court for the Western District of Pennsylvania on August 16, 2024, against The Buncher Company.
According to the court documents, Chirico was employed by The Buncher Company from August 2007 until her constructive discharge in June 2023. She held the position of Accounting Manager and suffers from several medical conditions including fibromyalgia, endometriosis, migraines, anxiety, and panic attacks. These conditions necessitated regular medical appointments and caused chronic pain and other limitations. In July 2022, a younger individual named Isabella Millman was hired as an accounting clerk under Chirico's supervision. Millman reportedly had performance issues and was insubordinate, which led to complaints from both sides.
Chirico claims that despite reporting these issues to Human Resources and Vice President Chris Larkins, her concerns were dismissed. Instead, she was accused of not training Millman properly. This situation escalated when Chirico requested intermittent leave under the Family and Medical Leave Act (FMLA) due to her anxiety and panic attacks in March 2023. Although her FMLA request was approved, she alleges that she faced retaliation shortly afterward when she was demoted along with another supervisor.
Chirico believes that her demotion and subsequent treatment were due to her age (42), disabilities or perceived disabilities, and in retaliation for exercising her rights under FMLA. She also requested reasonable accommodation to attend medical appointments but was denied by Larkins despite having prior approval from her previous supervisor.
The plaintiff further alleges that after giving two weeks' notice of resignation on May 28, 2023, she was removed from her position before the notice period ended while a similarly situated younger employee without disabilities was asked to stay. Chirico asserts that this differential treatment is evidence of discrimination based on age and disability.
In terms of relief sought, Chirico is asking for declaratory judgment declaring The Buncher Company's actions unlawful under FMLA and ADA; compensation for lost benefits with interest; damages for pain, suffering, inconvenience; punitive damages; reinstatement or front pay equivalent to lost salary; pre-judgment and post-judgment interest; reasonable attorneys' fees; and any additional relief deemed just by the court.
Representing Victoria J. Chirico are attorneys Joel S. Sansone, Massimo A. Terzigni, and Elizabeth A. Tuttle from the Law Offices of Joel Sansone. The case is being overseen by Judge Aileen Mott with Case ID No: 2:24-cv-1179.