A gay police captain on Dec. 31 filed a lawsuit in federal court accusing the D.C. Metropolitan Police Department of illegally demoting him and subjecting him to harassment and retaliation for taking parental leave to care for his newborn son.

The 16-page lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the U.S. Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.

The lawsuit states that he received full permission to take parental leave from his supervisor. Hrebenak’s attorney, Scott Lempert, with the D.C.-based legal group Center for Employment Justice, said Hrebenak’s transfer to another police division against his wishes, which was a far less desirable job, was the equivalent of a demotion, even though it has the same pay grade as his earlier job.

D.C. police spokesperson Thomas Lynch said police will have no comment at this time on the lawsuit. He pointed to a longstanding D.C. police policy of not commenting on pending litigation.

Casey Simmons, a spokesperson for the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, said the Attorney General’s Office also does not comment on ongoing litigation. “So, no comment from us at this time,” she told the Blade. 

Hrebenak’s lawsuit, filed in U.S. District Court for the District of Columbia, states that “straight” police officers have routinely taken similar family and parental leave to care for newborn children and have not been subjected to the unfair and illegal treatment to which it claims Hrebenak was subjected.

The lawsuit states that Hrebenak has served with distinction as an officer and later as captain since he first joined the force in July 2007. It says after receiving “outstanding reviews and promotions” he was promoted to captain in November 2020 and assigned to the School Safety Division in September 2022.

According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.

The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.  

“When my husband and I decided to have a child, and I used my allotted D.C. Paid Family Leave and Federal Family Leave, I was punished and removed from a preferred and sought after position as Director of the School Safety Division,” Hrebenak told the Washington Blade in a statement.

“My hope is by filing this lawsuit I can hold MPD and the D.C. Government accountable,” he wrote. “I am the first gay male D.C. Police manager (Captain or Lieutenant) to take advantage of this benefit to welcome a child into the world,” he states, adding, “I want to take this action also so that fellow officers can enjoy their families without the fear of being unfairly treated.”

The lawsuit states that in addition to not being allowed to return to his job as director of the School Safety Division upon his return from leave, “he was also required to work the undesirable midnight shift, as a Watch Commander, requiring him to work from 8:00 p.m. to 4:30 a.m.”

Watch Commander positions are typically given to lieutenants or newly promoted captains, the lawsuit says, and not to more senior captains like Hrebenak.

“Plaintiff’s removal as Director of MPD’s School Safety Division was a targeted, premeditated punishment for taking statutorily protected leave as a gay man,” the lawsuit concludes. “There was no operational need by MPD to remove Plaintiff as Director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years.”

The lawsuit identifies the police official who refused to allow Hrebenak to resume his job as director of the School Safety Division and reassigned him to the less desirable position on the midnight shift as Deputy Chief Andre Wright.

The Blade couldn’t immediately determine whether D.C. Police Chief Pamela Smith, who has expressed strong support for the LGBTQ community and for LGBTQ people working on the police force, would have supported Wright’s actions toward Hrebenak.

The lawsuit adds that Hrebenak’s transfer out of his earlier job to the night shift position “was humiliating and viewed as punishment and a demotion by Plaintiff and his co-workers.”

The lawsuit, which requests a trial by jury, says, “Defendant’s actions were willful and in bad faith, causing Plaintiff to suffer lost wages and benefits, and severe physical, mental, and emotional anguish.”

It calls for his reinstatement as director of the Division of School Safety or assignment to a similar position and $4.3 million in compensatory and punitive damages, including interest, attorney’s fees, and court related costs.    

Lempert, Hrebenak’s attorney, said it was too soon to determine whether U.S. District Court Judge Randolph D. Moss, who is presiding over the case, will require the two parties to enter negotiations to reach an out-of-court settlement.

In past cases in which LGBTQ people have filed lawsuits against D.C. government agencies on grounds of discrimination or improper treatment, local LGBTQ activists have called on the D.C. government to reach a fair and reasonable settlement to address the concerns raised by those filing the lawsuits.

Richard Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance, said he believes the city is “in the wrong” on this case and should agree to a settlement if the judge calls for settlement negotiations.

“If anyone should be demoted, it is whoever decided to punish Captain Hrebenak for exercising his parental rights,” Rosendall told the Blade. “Equal protection means nothing if it is subject to arbitrary suspension at a supervisor’s whim,” he said.

“Additionally, the rule of law is undermined when those sworn to enforce it act as if they are a law unto themselves,” Rosendall said.

The Virginia House of Representatives on Tuesday approved a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman.

The resolution that state Del. Mark Sickles (D-Fairfax County) introduced by a 58-35 vote margin. State Sen. Adam Ebbin (D-Alexandria) has proposed an identical measure in the Virginia Senate.

Ebbin and Sickles are both gay.

Voters approved the Marshall-Newman Amendment in 2006.

Same-sex couples have been able to legally marry in Virginia since 2014. Republican Gov. Glenn Youngkin last year signed a bill that codified marriage equality in state law.

The General Assembly in 2021 approved a resolution that seeks to repeal the Marshall-Newman Amendment. It must pass in two successive legislatures before it can go to the ballot.

The Senate Privileges and Elections Committee on Tuesday advanced Ebbin’s resolution by a 10-4 vote margin. The House on Tuesday also approved resolutions that would enshrine reproductive rights and restore formerly incarcerated people’s right to vote in the state constitution.

The Maryland Legislative LGBTQ+ Caucus on Wednesday will hold a town hall with the Delmarva Pride Center and DoCoPride that will focus on legal protections for LGBTQ Marylanders.

The town hall will take place from 6-7:30 p.m. in the Waterfowl Building (40 S. Hanson St.) in Easton. It will also be virtual for those who cannot attend in person.

A press release notes elected officials and “state and federal legal experts” will talk about “the current status of protections for LGBTQ+ Marylanders and what the future may hold.”

“As Maryland prepares for the incoming federal administration, the LGBTQ+ Caucus is steadfast in reaffirming Maryland’s commitment to supporting all of its residents,” said state Del. Kris Fair (D-Frederick County), who chairs the Maryland Legislative LGBTQ+ Caucus. “Coordination will be critical to building a comprehensive package of legislation that affirms the unique lived experiences of all its residents — especially queer, nonbinary, and transgender people targeted by harmful legislation.”

Tina Jones, co-founder and chair of the Delmarva Pride Center in Easton, in the press release notes the LGBTQ community “is facing unprecedented levels of bias and potential harm at this time.”

“As part of our safe spaces initiative, we are honored to have this opportunity to partner with the Maryland Legislative LGBTQ+ Caucus and DoCo Pride to educate folks on their rights and stand together to say hate, bias, and harm have no place on the Eastern Shore or anywhere in Maryland,” said Jones.

Registration for the event is here: