James A. Byrne U.S. Courthouse in Philadelphia
PHILADELPHIA – A woman’s eight-day employment at a Philadelphia law firm that specializes in collections could put it before a jury to sort out discrimination allegations.
Virginia Borhi sued Tsarouhis Law Group in 2022, two years after she worked there for eight days in October 2020. She and firm founder Tsarouhis have wildly different versions of what led her to leave work and never come back.
Judge Lynne Sitarski wrote Nov. 13 that Borhi made sufficient allegations to get past the firm’s motion for summary judgment. Borhi says she was discriminated against on the basis of her depression and anxiety.
“(V)iewing the evidence in the light most favorable to Plaintiff, a reasonable factfinder could find that Plaintiff requested an accommodation for her disability – taking the rest of the day off in light of her panic attack that she was currently suffering based on Tsarouhi’s conduct – and that Defendant (through Tsarouhis) refused…” Sitarski wrote.
Borhi was hired as a legal assistant and says she informed Tsarouhis of her anxiety, which requires a Lexapro prescription. She also said she requested time to learn the position.
From there, the stories split. In her version, Tsarouhis “accosted” her days later in a common area and aggressively told her she needed to learn the job quicker.
Two days later, Borhi said Tsarouhis confronted her about work that was done “all wrong.” When Tsarouhis tried to show her how to complete the assignment, he allegedly wouldn’t show her his computer screen, causing confusion and anxiety.
She says she sought help from Gina Schembari, who was yelled at for helping her. Borhi said it was “the worst day” of her life and was so distraught she asked to go home. Tsarouhis allegedly told her if she did, then not to come back.
There were no blow-ups in front of co-workers, Tsarouhis testified. He showed her the computer screen while training her, but she became frustrated and called him “some names,” he said.
Borhi said she didn’t want to be there and was going home, Tsarouhis said. He “took it as she quit.”
Tsarouhis also said he was never told she suffered from depression and anxiety, so it would have been impossible for him to discriminate against her. But Judge Sitarski only ruled Borhi’s allegations were sufficient to keep the case moving, and further proceedings will determine if she voluntarily quit her job and whether Tsarouhis is an “employer” under the Americans with Disabilities Act.
Employers subject to the ADA must employ at least 15 people for 20 weeks of a calendar year.
