ALLENTOWN, Pa. — The wrongful termination lawsuit of a fired Allentown School District social studies teacher turned into a question of the chicken or the egg in the federal Edward N. Cahn Courthouse Tuesday morning.
Did Jason Moorehead poison his standing in the community when he posted distasteful memes on Facebook making light of the Jan. 6, 2021, assault on the U.S. Capitol?
Or did the school district ruin his reputation when it released an incorrect statement claiming a staff member was at the U.S. Capitol Building when the attack occurred?
Alfred Fluehr, Moorehead's attorney, worked to pin the blame on the district for over an hour Tuesday while questioning Anthony Pidgeon, the district's former human resources director.
It came during the second week of a civil trial prompted by Moorehead's lawsuit against his former employer.
The district knew Moorehead didn't commit a crime as early as March 21, 2021, yet it never corrected a statement that Moorehead was at the Capitol Building during the assault, he said. Social justice groups released his name and address online, and Moorehead testified last week that he feared for his safety.
"How can you have a meaningful conversation about him returning to work when he has been asking the district to correct its statement for seven months?" Fluehr asked Pidgeon.
"How can you have a meaningful conversation about him returning to work when he has been asking the district to correct its statement for seven months?"Alfred Fluehr, civil attorney representing former Allentown School District teacher Jason Moorehead
Pidgeon, who is now the principal at the Innovative Arts Academy in Catasauqua, testified that he was not involved in crafting the initial statement or the investigation.
But he testified that Moorehead's distasteful social media posts had at least as much to do with the community outrage as the initial statement.
"I don't know if the statement added or subtracted to those opinions. I don't know how you tease those out," Pidgeon testified.
'Stop the Steal' rally
Moorehead, a 17-year educator at Raub Middle School, took a bus to then-President Donald Trump's "Stop the Steal" rally, protesting the count of the Electoral College votes.
Later that day he posted memes on social media making light of the events at the U.S. Capitol.
District officials were quickly notified of his posts and placed Moorehead on paid leave Jan. 7 as they investigated whether he participated in the assault on the Capitol. By Jan. 8, then-Superintendent Thomas Parker and solicitor John Fruend released a public statement that a staff member was on leave for attending the protest at the Capitol Building.
Moorehead denied participating in the assault, and a two-month investigation involving consultations with the FBI found no evidence he had participated in criminal activity.
The district did find, however, that Moorehead violated the district's social media policies as well as some minor administrative policies, Pidgeon said.
Termination
Attempts to discipline Moorehead over the social media posts never got off the ground as he and his attorneys protested the district's handling of his case. Ultimately, he was terminated for refusing to return to work; Moorehead contends the district created an unsafe, hostile work environment by refusing to correct its initial statement.
Fluehr honed in on some of the smaller infractions the district cited against Moorehead in its records. The district found he violated school policy by using school-issued electronics to review political posts online, which Pidgeon agreed was not grounds for a seven-month leave.
Under Fluehr's questions, Pidgeon said he was not aware of the Allentown School District investigating a liberal or Democratic employee for visiting a political website.
"Is this a fake reason to justify persecuting him for his political beliefs?" Fluehr asked.
Social media posts
Pidgeon denied the district was persecuting him and said that none of the initial measures the district took against Moorehead were disciplinary. The investigation found that while he hadn't committed a fireable offense, he did break school policy, Pidgeon said.
His social media posts, Pidgeon said, were particularly harmful in the community.
Given the public's response to Moorehead's actions, Pidgeon said he didn't see a way for him to wind up in front of a classroom in Allentown. However, Pidgeon was prepared to offer him a position developing curriculum at the administrative building if he took cultural sensitivity training. Down the line, it's possible Moorehead would have ended up teaching again, but Moorehead abandoned his job before those conversations could happen, according to Pidgeon.
"It's a condition, and you can argue that's a punishment, but I really believe this was something to learn and grow from," Pidgeon said of the cultural sensitivity classes.
"It's a condition, and you can argue that's a punishment, but I really believe this was something to learn and grow from."Anthony Pidgeon, former human resources director
Fluehr pushed back on Pidgeon's explanations, saying Moorehead had a constitutional right to express his political beliefs.
Rather than protect its employee from the false accusations and set the record straight about his client's actions, Fluehr asked if the district caved in to public pressure and pushed out a teacher with an impeccable record.
"The community doesn't make personnel decisions. You do, right?" Fluehr asked.
