By Matthew Santoni

Law360 (April 5, 2021, 1:51 PM EDT ) A Pennsylvania woman said a Pittsburgh butcher shop improperly fired her rather than accommodate panic attacks brought on by her co-workers' criticism of her allegedly putting them at risk of contracting COVID-19, she said in a federal lawsuit filed Monday.

Rebecca Hammond said her co-workers at Strip District Meats, a butcher shop and wholesaler, acted cold and critical of her after she took time off in November to get tested and quarantine following her wedding. That triggered panic attacks that caused her to miss an afternoon of work, but when she asked her boss for an accommodation of her anxiety disorder, she was fired because she had "walked out" and the company allegedly lacked "resources" to help her, the suit said.

"The plaintiff did not 'walk out'; she was in her car, located in the parking lot, having panic attacks," said the complaint filed in Pittsburgh federal court Monday. "Further, other similarly situated employees without disabilities have left during a lunch or other break and did not return in a timely manner — with no legitimate reason — but their employment was not terminated, like the plaintiff."

Hammond claimed the shop's refusal to accommodate her and her subsequent firing were violations of the Americans with Disabilities Act and the Pennsylvania Human Relations Act.

Hammond said she had worked as a front-end clerk at the shop, located in an area frequented by both tourists and buyers for the city's restaurants, since August 2020, but had not previously disclosed that she had been diagnosed with a generalized anxiety/panic disorder.

She was married in late October, but decided to get a COVID-19 test in early November as a precaution since she had been around wedding guests, the suit said. Her co-workers knew Hammond got the first test, but she felt sick at work and left early a few days later; hospital staff who treated her then advised her to get another test and self-quarantine.

"The fact that the plaintiff was going to take a second test for COVID and would quarantine pending the results was disseminated to [Strip District Meats'] staff without her permission," the complaint said.

Both tests eventually came back negative and Hammond returned to work Nov. 18, but Hammond said her co-workers were curt and almost rude toward her upon her return.

"The plaintiff asked one of her co-workers what was wrong, and she verbally attacked the plaintiff, complaining about the fact that the plaintiff had been potentially exposed to COVID twice over a relatively short period of time," the complaint said. "She told the plaintiff in an accusatory voice, 'You could have infected everyone in the store and closed down all the kitchens in the city.'"

Hammond finished her shift that day, but on the next day she started suffering panic attacks, she said. She did not return on time when she left to eat her lunch in her car, drawing a worried text from a supervisor, Christie Bengele, about whether Hammond had walked out and quit.

Hammond said she replied by asking for help, disclosing that she had a panic disorder, and asking for a meeting to discuss accommodating her disability. But her supervisor allegedly brushed it off as something she needed to talk to her husband and/or her doctor about.

"To the extent that Bengele did not fully understand yet that the plaintiff was disclosing the fact that she had a disability and wanted to engage in an interactive process for an accommodation, the plaintiff made it very clear in her next text, sent at 4:05 p.m.," the complaint said. "'This is not related to something happening in my life right now. This is related to my medical diagnosed panic disorder. I am making an attempt to find a reasonable accommodation so that I can give [Strip District Meats] my best work.'"

Despite Hammond's request and an attempt to send her supervisor links to the U.S. Equal Employment Opportunity Commission and its local counterpart, the Pittsburgh Human Relations Commission, the lawsuit said Hammond's supervisor said she did not have the "resources" to accommodate her and terminated Hammond's employment instead.

"Upon realizing that the plaintiff has a disability, Bengele did not want her around; she was obviously concerned that continuing to employ the plaintiff — because of her disability — would cost her company 'resources' or otherwise burden her small business," the complaint said. "In any event, refusing to engage in an interactive process with an employee, based on the claim that the employer 'lacks resources' to 'help her' is discriminatory in itself."

Hammond also claimed her firing was in retaliation for requesting an accommodation.

Counsel for Hammond declined to comment Monday. Representatives for Strip District Meats did not immediately respond to requests for comment.

Hammond is represented by Michael J. Bruzzese of the Law Office of Michael J. Bruzzese.

Counsel information for Strip District Meats was not immediately available Monday.

The case is Hammond v. Strip District Meats Inc., in the U.S. District Court for the Western District of Pennsylvania. It had not yet been assigned a case number as of Monday.

--Editing by Stephen Berg.

Update: This article has been updated with the supervisor's full name and a response from Hammond's attorney.

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