Katrina Allard v. Allegheny Health Network and Allegheny General Hospital

District Court, W.D. Pennsylvania·Decided July 6, 2026·No. 2:24-cv-01705·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

KATRINA ALLARD, Plaintiff, Civil Action No. 2:24-cv-1705 v. Hon. William S. Stickman IV ALLEGHENY HEALTH NETWORK and ALLEGHENY GENERAL HOSPITAL, Defendants.

MEMORANDUM OPINION WILLIAM S. STICKMAN IV, United States District Judge Plaintiff Katrina Allard (“Allard”) brought her three-count complaint under the Americans with Disabilities Act (“ADA”), 29 U.S.C. § 1201, et seg., and the Pennsylvania Human Relations Act (“PHRA”), 42 P.C. § 951, et seg., seeking damages and other relief for what she characterizes as a pretextual termination motivated by Defendants’ Allegheny Health Network (“AHN”) and Allegheny General Hospital (“AGH”) (collectively, “AHN”) discrimination and retaliation against her.! (ECF No. 1, §{ 33-35). Allard contends that she was terminated because of her mental health disabilities and/or in retaliation for requesting a reasonable accommodation and taking short term disability leave. (/d. at § 37). Pending before the Court is AHN’s? Motion for Summary

' Allard alleges discrimination in violation of the ADA at Count I, retaliation in violation of the ADA at Count II, and discrimination and retaliation in violation of the PHRA at Count III. (ECF No. 1, pp. 6-11). ? The defendants assert that “Allegheny General Hospital” is “not a business entity but a d/b/a for West Penn Allegheny Health System, Inc.” (ECF No. 22, p. 1, n. 1). For ease of reference throughout, the Court uses “AHN” to refer to the defendants. '

Judgment. (ECF No. 22). AHN requests that judgment be entered in its favor as Allard was terminated for violating its code of conduct when she engaged in a profane and disorderly outburst while serving as the charge nurse in AGH’s Neurological Intensive Care Unit (“NICU”). (ECF No. 23, pp. 1-2). For the following reasons, AHN’s motion will be granted. I. FACTUAL BACKGROUND Except for a brief break between March and June 2015, Allard was employed by AHN as a nurse at AGH from October 2013 until her termination on October 6, 2023. (ECF No. 24, 33, 198-212). She spent most of her tenure working in the NICU and had regularly worked as the unit’s charge nurse. (/d. at {§ 34, 36).° Allard was the president of the local nurse chapter of SEIU Healthcare Pennsylvania CTW, CLC (“SEIU”) at AGH from early March 2020 until her termination, and she served on AGH’s workplace violence committee, safety committee, bargaining committee, and the Nurse Coordinating Council (“NCC”) staffing task force. Ud. at 39-40).4 In September 2019, upon the recommendation of her therapist, Allard requested to work overnight shifts no longer because of her post-partum depression. (ECF No. 24, 42-43). AHN granted that request, and Allard considered it an adequate accommodation. (/d. at 46-47). In December 2022, caring for a particular patient triggered Allard’s post-traumatic stress disorder (“PTSD”), and her disorder substantially impaired her daily activities, including work, thereafter.

3 As explained by Allard, a “charge nurse” is responsible for the entire unit during her shift, as opposed to certain patients. (ECF No. 35-1, p. 133). A charge nurse’s duties include managing patient assignments, placing patients in beds, and general oversight of the unit. (/d.). 4 Allard was familiar with AGH’s resources for crisis response, workplace violence, and its Employee Assistance Program. (/d. at { 38). She was aware of its standards of conduct as well, and she knew that a violation of them could result in termination. (/d. at § 26).

(ECF No. 35-1, pp. 146-149). She requested accommodations for that condition on January 27, 2023, five days after the incident underlying this case. (Ud. at pp. 151-152). On January 22, 2023, Allard was assigned to work as the NICU’s charge nurse from 7:00 a.m. to 7:00 p.m. (ECF No. 24, § 79). The NICU was nearly at full capacity, and upon her arrival to work, Allard was informed by the outgoing charge nurse that multiple patients were near the end of their lives. (/d. at § 81). Those patients included the patient in room 789 (“patient”), a coal miner suffering from a severe and extensive brain bleed. (/d. at J] 62, 81). Allard had a series of negative interactions with the patient’s sister-in-law (“sister-in-law”), which culminated in the conduct that led to Allard’s termination. The dispute began over access to the unit’s “family room.” The patient’s family had been granted access to the room the previous night and his sister-in-law requested to access it again. (Id. at § 84). Allard denied the request, explaining that the room would be in use that day for “ooals of care talks” with patient families. (/d. at 85, 87). The patient’s sister-in-law responded that she did not believe Allard, which caused Allard to feel “a little depressed, sad” and “more stress.” (/d. at □□ 88-89). Later, Allard called Manager of Hospital Operations (““MHO”) Fred Shaheen for assistance, who then sent security officers to respond to an overflow situation in the unit’s waiting room. (id. at § 90-92). A security officer spoke with the sister-in-law, who subsequently “berated” the officer and Allard and expressed her dissatisfaction with the treatment of her family. (/d. at § 95). The patient’s sister-in-law then “questioned” Allard’s character, directing rhetorical questions at her, e.g., “who do I think I am to call myself a caregiver? Who do I think I am to call myself a nurse?” (/d. at § 96-97). As the patient’s condition deteriorated, Allard advised his wife that any family members who had gone home should return to the hospital. (/d. at § 99). The sister-in-law was still present

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Katrina Allard v. Allegheny Health Network and Allegheny General Hospital, (W.D. Pa. 2026).

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