Pennsylvania Attorneys Granted Summary Judgment in Federal Discrimination Action
Pittsburgh Partner Trisha Gill and Attorney Bridget Fitzpatrick recently obtained dismissal of all state and federal claims against our residential care provider client in the United States District Court for the Western District of Pennsylvania in a case involving allegations of racial discrimination.
Plaintiff is a former employee of our client, a residential care provider that offers in-home assistance to adults with intellectual and mental disabilities who live independently. Plaintiff claimed she experienced racial discrimination on her first day of work when an employee conducting training used a racial slur as an example of the type of language not to be used in the workplace. Plaintiff’s supervisor overheard her expressing concern about the incident and assisted Plaintiff with submitting a formal complaint to leadership, who then promptly investigated the matter. Following the incident, Plaintiff claimed she was intentionally assigned to patients with the most complex needs in retaliation for reporting the incident. Plaintiff ultimately alleged that she was constructively discharged because the job was too difficult, and asserted federal and state claims of racial discrimination, hostile work environment and retaliation against our client.
Our defense attorneys Trisha Gill and Bridget Fitzpatrick relied upon verified text messages between Plaintiff and her supervisor following the initial incident, confirming that Plaintiff willingly elected to work with the most complex patients so she could qualify for a sign-on bonus. Our defense attorneys further argued that the singular event involving our the use of a racial slur as an example during training was not sufficiently pervasive to create a hostile work environment, particularly in light of Plaintiff’s admission at her deposition that she did not feel the slur was directed toward her.
In September 2025, the Court dismissed all state and federal claims against our client due to Plaintiff’s own admissions and subsequent failure to present any evidence or records to defeat our client’s Motion for Summary Judgment. Plaintiff has filed an appeal to the Third Circuit Court of Appeals.
Trisha A. Gill focuses her practice primarily on the defense of employers in employment discrimination claims, and has defended employers in wrongful discharge claims, breach of employment contract (restrictive covenant) claims and claims filed under Pennsylvania’s Wage Payment and Collection law.
Bridget K. Fitzpatrick concentrates her legal practice in the areas of employment litigation and general liability as well as professional liability, insurance coverage, bad faith and toxic torts.