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County settles suit with late employee's estate

County officials and the family of a disabled woman who worked in the county government building for 16 years agreed to a settlement regarding the woman's lawsuit claiming discrimination and wrongful termination.

The commissioners voted Wednesday to pay a $12,500 settlement to the estate of Debra Bisch of Valencia, who filed a lawsuit in late December against county treasurer Diane Marburger. The case was filed Dec. 26, 2019, in the U.S. District Court for the Western District of Pennsylvania.

Bisch died at age 58 on Jan. 21 — less than a month after filing her lawsuit alleging disability discrimination, retaliation and wrongful termination against Marburger.

She worked in the commissioners' office from December 2002 to July 2016, and in the treasurer's office from September 2016 until her termination on October 3, 2018.

Bisch had diabetes and a hand deformity known as Dupuytren's contracture, according to her complaint in the case.

County solicitor Wil White said no action had been taken in court because it was so recent.

He said discussions between the county and Bisch's family resulted in the settlement, which dismisses the lawsuit.

“There is no admission of liability or guilt on the county's part,” White said.

He added Bisch initially filed a complaint Dec. 12, 2018, with the federal Equal Employment Opportunity Commission stating her allegations against Marburger. However, the EEOC denied her claim on Sept. 27, 2019, White said.

Bisch was seeking more than $75,000 in punitive damages to remediate lost wages and medical expenses plus attorney's fees and costs.

“With her demise, (the settlement) was the wise thing to do for both sides,” White said.

In the lawsuit, Bisch accused Marburger of advising her to seek a less stressful position within the county because of her declining health.

The suit further alleged Marburger did not provide reasonable accommodation to Bisch that would have allowed her to continue working at the treasurer's office.

White said the settlement amount will likely come from a $40,000 contingency fund in the county budget earmarked for unanticipated legal expenses.

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