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The Frankstown Township supervisors in answering a federal civil rights complaint filed by a former employee have denied there was an outbreak of the COVID-19 virus among their workers in March of 2021.
The former employee, Chris Bennett Jr. of Duncansville, was terminated from his job as a laborer in July 2021.
Bennett argues in a federal civil rights complaint filed in the U.S. District Court in Johnstown that he was wrongfully fired after complaining to the supervisors about the unsafe conditions in the workplace due to several employees being stricken with the virus.
His lawsuit contended the township violated "a clear mandate of public policy by failing to provide a safe work environment" in violation of both state and federal law.
Bennett also claimed his firing was in retaliation for exercising his First Amendment right for speaking out against an unsafe workplace.
"Mr. Bennett Jr. spoke as a citizen on a matter of public concern," according to an amended lawsuit in the case filed in late May by attorney Joshua P. Ward of Pittsburgh.
On Tuesday, the township, through attorneys Andrew M. Rongaus and D. Addison Murray of Chester Springs, answered Bennett's lawsuit.
"It is specifically denied that COVID-19 was known to be present in the workplace," according to the township's answer filed on behalf of supervisors George W. Henry Jr., Kenneth H. Wertz Jr. and James R. Callahan.
The supervisors agreed that in March of 2021 five employees tested positive for the virus but also repeatedly stated in their answer that employees were permitted to return to work upon the receipt of a negative COVID-19 test.
By allowing workers to return upon a negative test, the supervisors denied violating public policy, which, the lawsuit stated, was a recommendation by the Centers for Disease Control and Prevention that individuals exposed to COVID-19 be quarantined for 10 days.
In his lawsuit, Bennett stated in reality township workers who initially tested positive for the virus were returning to work within three to four days, which meant several workers were "still contagious with COVID-19, coughing at the workplace, and some had an active fever."
The township denied that accusation.
Bennett became concerned about becoming infected with the virus and stated that he and two other employees on March 22, 2021, received doctor's notes that stated they were not to return to work for 10 days.
The township in its answer denied Bennett and two others received 10-day quarantine notices from a doctor, stating that Bennett alone presented a medical excuse form to the township dated April 7, 2021, indicating he had been examined at MedExpress and stating he could return to work on April 8, 2021.
However, the chairman of the board, Henry, did not approve of Bennett's time off and asked him to sign a disciplinary letter.
Bennett contended that Henry told him he would not receive his paycheck unless he signed the disciplinary letter.
That accusation was denied, and the defense in its answer stated, "strict proof is demanded at trial."
The key denial in the township's answer was to the Bennett accusation that "At no time did Mr. Henry, Mr. Wertz, and Mr. Callahan discuss options of leave due to Mr. Bennett, Jr's and others' doctors' recommendations and their concerns of contacting COVID-19 when COVID-19 was known to be present in the workplace."
The answer said, "The allegations in this paragraph are specifically denied and strict proof is demanded at trial. It is specifically denied that COVID-19 was known to be present in the workplace. By way of further response, township employees exposed to OVID-19 were allowed to return to work upon receipt of a negative COVID-19 test."
In a proposed scheduling order, U.S. District Judge Stephanie L. Haines has given both sides until Dec. 12 to complete fact discovery.
Her proposed order also indicated that mediation in the case is scheduled for Aug. 22.