Riverside teacher claims district violated federal law for not allowing him to teach virtually

May 22—A Riverside teacher claims the school district failed to make reasonable accommodations for his diabetes diagnosis when leaders prohibited him from teaching remotely during the pandemic.

In a federal lawsuit filed Thursday, Tom Borthwick alleges the district violated the Americans with Disabilities Act and Pennsylvania Human Relations Act, and that the superintendent retaliated against him and created a hostile work environment due to the request.

The district is confident that it has complied with all state and federal employment regulations, Superintendent Paul Brennan said Friday.

Borthwick, and teachers throughout Pennsylvania, completed the 2019-20 school year virtually after the state closed school buildings due to COVID-19.

When the high school English teacher, who has Type 1 diabetes, learned of the district's planned return to classrooms in fall 2020, he asked for accommodations to continue to teach virtually, according to the complaint. People with diabetes are more likely to have severe complications from the coronavirus.

The lawsuit alleges Brennan denied Borthwick's request because "if he did it for one, he would have to do it for all." After Borthwick spoke about his concerns at a school board meeting in August, he claims he was heckled by school directors and that one director searched his Facebook page trying to find a photo of the teacher without a mask.

In the meantime, teachers who had to quarantine or those in buildings forced to move to virtual instruction because of COVID-19 case counts were allowed to teach virtually from home. An administrator recovering from surgery also was able to work from home, according to the lawsuit.

"By selectively allowing non-disabled teachers to teach from home on a temporary basis and not providing the same accommodation to disabled staff such as plaintiff, the district has engaged in clear acts of discrimination in violation of the ADA and the PHRA," the lawsuit reads.

Borthwick, a current candidate for and former member of the Scranton School Board, claims Brennan retaliated against him by stripping him of his esports coaching duties in the fall and then telling him last month he was no longer the school's Scholastic coach. Borthwick was eventually reappointed as Scholastic coach with reduced pay.

"As a result of the discrimination and series of hostile and retaliatory actions taken by the district ... plaintiff has experienced continued bouts of sleeplessness, stress and anxiety, resulting in high blood pressure levels," the lawsuit reads.

Borthwick, who had to take leave at reduced compensation and use his accumulated sick leave, seeks back pay and compensatory damages. He returned to his classroom last month.

Brennan said he had not had the opportunity to discuss the specifics of Borthwick's complaint with counsel yet.

"However, in total, our team has spent more time this past year on ensuring that our employees and kids are safe as compared to my previous seven years as superintendent," Brennan said.

Contact the writer: shofius@timesshamrock.com; 570-348-9133; @hofiushallTT on Twitter.

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