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Library of Congress staffer fired, claims anti-gay bias

Says he was outed on Facebook, ‘stalked’ by superior at D.C. gay bar

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Peter TerVeer, gay news, gay politics dc

Peter TerVeer, 30, was fired last week from his job at the Library of Congress and claims his former boss cited biblical passages condemning homosexuality.

A gay man has charged in a discrimination complaint that he was fired last week from his job at the Library of Congress after being harassed and humiliated for more than a year by a supervisor who repeatedly cited passages from the Bible condemning homosexuality.

Peter TerVeer, 30, a management analyst at the Library of Congress’s Office of the Inspector General since 2008, says in his complaint that supervisor John R. Mech created a hostile work environment for him to such a degree that he suffered severe stress, forcing him to take disability leave last fall and earlier this year.

“I contend that I have been subjected to a hostile work environment by Mr. Mech since August 2009 on the basis of my sex (male), sexual orientation (homosexual), and religion (non-denominational Christian/Agnostic),” TerVeer states in an affidavit accompanying his complaint.

“I maintain that Mr. Mech has acted to impose his religious beliefs on me,” TerVeer says in the affidavit.

TerVeer’s attorney, Thomas Simeone, said he will likely file a discrimination related lawsuit against the library on TerVeer’s behalf regardless of how the federal Equal Employment Opportunity Commission (EEOC), which is deliberating over the complaint, rules on the matter.

Gayle Osterberg, director of communications for the Library of Congress, said TerVeer’s complaint is considered a personnel matter and the library never comments on personnel-related issues pertaining to an individual employee.

She said that under library rules, neither John Mech, an accountant and lead auditor for the library’s Office of The Inspector General, nor any other library employee familiar with TerVeer’s case would be permitted to comment on the case.

Simeone said a key factor in the case is that library officials promoted TerVeer three times and praised his work and that negative job performance reviews suddenly began after Mech learned TerVeer was gay.

Asked about a policy adopted by the Library of Congress in the 1990s prohibiting employment discrimination based on sexual orientation, Osterberg declined to confirm whether such a policy is still in effect.

“We adhere to Title 7, period,” she said, referring to a provision in existing U.S. civil rights law that bans job discrimination based on race, religion, national origin, sex and other criteria but not on sexual orientation.

An internal “Librarian’s Policy Statement Regarding Non-Discrimination” issued to Library of Congress Employees on May 6, 2010, reiterates the 1990s-era statement pertaining to sexual orientation discrimination.

“Discrimination on the basis of race, color, religion, sex (including sexual harassment), national origin, age, disability, sexual orientation, gender identity, and/or political affiliation will not be tolerated,” the statement says.

Osterberg declined to disclose whether that and previous sexual orientation non-discrimination statements were still in effect.

TerVeer’s complaint, filed with the EEOC, follows a September 2008 federal court decision finding that the Library of Congress violated federal law against sex discrimination by denying a job to a transgender woman.

In that case, the library had determined that the applicant was qualified and hired her shortly before she announced she was transitioning from male to female. When officials learned that David Schroer was transitioning to Diane Schroer they rescinded the job offer and refused to hire Schroer.

A U.S. District Court judge ruled in September 2008 that the library’s refusal to hire Schroer violated a federal law prohibiting sex discrimination, a development hailed by the ACLU as an important breakthrough for transgender rights. The library decided against appealing the case and agreed to an out-of-court settlement with Diane Schroer in which it paid her compensatory damages.

Library of Congress: ‘AWOL’ for 37 days?

Dome of the Library of Congress. (Washington Blade photo by Michael Key)

In a March 29, 2012 letter to TerVeer, Karl W. Schornagel, the library’s Inspector General and head of the division where TerVeer worked, said he approved TerVeer’s firing on grounds that TerVeer had been absent from work without approved leave or “AWOL” since Jan. 4, 2012.

Schornagel states in the letter that under library personnel rules, absence without approved leave is considered a form of misconduct that could lead to disciplinary action, including dismissal.

“I considered that you failed to report for duty as scheduled for over 37 consecutive workdays and failed to properly request approved leave despite being reminded of the proper procedures for requesting approved leave and advised of the consequences of your failure to report for duty as scheduled,” Schornagel said in his letter.

TerVeer told the Blade that library officials approved disability leave he had requested in October 2011 at the urging of his therapist and doctor based on the therapist’s determination that a hostile work environment at the library caused him to suffer severe mental stress.

According to TerVeer, the unpaid disability leave approved by the library expired in January 2012. He said library officials declined his request for a transfer to another office and demanded he return to duty with Mech remaining as his supervisor.

Simeone, TerVeer’s attorney, said library rules may have allowed TerVeer to apply for an extended disability leave. But he said TerVeer by that time had exhausted his financial resources following three months of unpaid leave and couldn’t afford to pay doctors and his therapist for the necessary examination and documentation needed to apply for extended disability leave.

“He was in a bind,” said Simeone. “He loved working there and he wanted to continue. And as you can tell, he needed the money. He tried to get a transfer to a new setting or a new area, but it was just not possible. They wouldn’t do that.”

Simeone said going back to the office where TerVeer knew he would be subjected to the same harassment and stress wasn’t an option he could accept.

Outed by boss’s daughter

TerVeer told the Blade he never intended to come out as gay at work when he first started his job at the library in February 2008. He said he had recently moved to D.C. from rural Western Michigan, which he said was devastated by the economic recession.

With a bachelor’s degree in business management from Hope College in Michigan and his enrollment at the University of Maryland for a degree in accounting and auditing, TerVeer said the start of his employment at the library’s Office of The Inspector General appeared to be a perfect fit for his chosen career path.

“The first year and a half, almost two years I was there I was closeted and essentially I was kind of the golden boy in the office,” he said. “He took me under his wing and we had a cordial discourse,” he said of Mech. “And he appeared to come off initially as really nice.”

TerVeer said the cordial relationship was based, in part, on their shared interest in sports and TerVeer’s role as captain of a school football team in Michigan. At one point Mech invited him to join his wife and son at a University of Maryland football game, TerVeer said.

As TerVeer tells it, his problems started just after that, when Mech invited him to “look up his daughter” in the late summer or early fall of 2009. Within days, said TerVeer, Mech’s daughter Katie contacted him on Facebook and asked to become Facebook friends.

He said he accepted her request after using the appropriate Facebook privacy controls to hide information on his own Facebook page that identified him as gay. But a short time later, Facebook put in place changes in its settings in such a way that TerVeer’s link to a Facebook group in support of gay adoptions became publicly visible, TerVeer said.

“I get home one day and she saw it and commented and she said, ‘You’re not one of those weirdoes are you?’ I said I am actually, in fact, one of those weird ones if you’re referring to the fact that I’m gay.”

TerVeer said Katie Mech initially said she wasn’t troubled by this discovery, saying she had a good friend in San Francisco who’s gay.

However, the following day TerVeer said he discovered that she had both “de-friended” and blocked him from her Facebook page. Within days of that, John Mech began raising his religious beliefs with TerVeer in emails and in face-to-face conversations with him, TerVeer said.

“All of a sudden now, every time I’m going into his office he’s starting off with a religious conversation. Then it comes out where he pointed out he was a believer with a literal translation of the Bible,” said TerVeer. “Then he goes specifically into homosexuality.”

TerVeer said he knew then that Katie Mech informed her father that he is gay.

In his affidavit, TerVeer said things came to a head on June 21, 2010.

“He came into my office on that date and said he wanted to educate me on hell and that it was a sin to be a homosexual,” TerVeer says in the affidavit. “He said he hoped I repented because the Bible was very clear about what God does to homosexuals.”

Among other things, TerVeer says in the affidavit that Mech quoted the Old Testament passage of Leviticus, stating, “If a man lies with a man as one lies with a woman, both of them have done what is detestable. They must be put to death; their blood will be on their heads.”

TerVeer says in the affidavit, “He stated that as a homosexual I could never succeed because it was against God’s law.”

Four days later, on June 25, 2010, Mech spoke with TerVeer about TerVeer’s annual performance review and TerVeer expressed concern that his ratings were lower than he believed they should be, he says in the affidavit.

According to the affidavit, he politely told Mech he was concerned that the lower performance review might be biased because of Mech’s strongly expressed religious beliefs toward homosexuality.

“Mr. Mech became extremely upset and vehemently denied that my homosexuality and his personal views had an impact on his rating of me,” TerVeer says in the affidavit. “He accused me of attempting to injure his career and reputation and to ‘bring down the Library.’”

Gay official ‘stalks’ TerVeer

TerVeer says in his affidavit that beginning in July 2010 through the middle of 2011 Mech appeared to be “piling on” work assignments in an effort to set him up to fail. He said one particular project he was assigned to handle by himself had been previously worked on by six full-time employees and took more than a year to complete, yet he was told to complete it during a shorter period of time.

“I believe that Mr. Mech gave me this assignment to set me up for failure and to give him a better opportunity to identify and manufacture deficiencies in my performance,” TerVeer says in the affidavit. “I believe he decided in advance to give me negative ratings in my next performance review and began to create a record of alleged ‘job deficiencies’ to support this.”

In an effort to appeal what he believed to be an unfairly negative job performance rating calling for denying him a normally routine “step” pay increase, TerVeer said he approached Mech’s supervisor, Nicholas Christopher, the assistant inspector general for audits. “Mr. Christopher declined to change my performance evaluation and denied me a WIGI [Within Grade Increase]” in pay, he says in the affidavit.

When he indicated he was in the process of filing a possible discrimination complaint, TerVeer said that both Mech and Christopher appeared to warn him against doing so, saying he could face consequences such as additional poor performance ratings.

In a staff meeting on June 28, 2011, TerVeer says in the affidavit that Mech demanded that he explain, “what I was doing” concerning his stated intention to appeal the low job performance rating.

“He berated and humiliated me in front of my co-workers,” TerVeer says in the affidavit. “He interrogated me regarding the exact nature of my appeal and who I was filing the action against.”

After beginning his disability leave in the fall of 2011, TerVeer said he was startled when Christopher appeared at the D.C. gay bar Number Nine, where TerVeer had been working as a security staffer, and began to take a video of him with his cell phone.

TerVeer and his lawyer at the time, Brennan McCarthy, said TerVeer’s therapist believed working a job at a gay bar provided a friendly, supportive work environment and was an important part of his recovery from the stress-related ailment that required he take a leave from his job at the library.

In a Feb. 16, 2012 letter to Vicki Magnus, acting deputy director of the library’s Office of Opportunity, Inclusiveness and Compliance, which investigates discrimination complaints, McCarthy expressed concern that Christopher had “commenced a pattern of harassment, including stalking Mr. TerVeer at his second job and videotaping Mr. TerVeer while working.”

McCarthy said Christopher appeared to have begun harassing TerVeer after Christopher learned that TerVeer was considering filing a discrimination complaint.

“Following that revelation, Mr. Christopher took all steps possible not only to keep Mr. TerVeer from filing his complaint with your office, but also stated that poor performance reviews are ‘what happens’ when someone tried to bring down the Library of Congress (i.e., files an EEOC complaint),” McCarthy said in his letter.

Sources familiar with the Library of Congress have told the Blade that it’s widely known at the library that Christopher is gay. Christopher states in the publicly accessible part of his Facebook page that his “relationship status” is “single” and he’s “interested in” men.

He also describes his religious views on his Facebook page as being “vociferously atheist.”

Christopher didn’t respond to a Blade message asking whether he was troubled over TerVeer’s allegation that Mech had been reciting biblical passages to TerVeer at work condemning his homosexuality.

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District of Columbia

‘Sandwich guy’ not guilty in assault case

Sean Charles Dunn faced misdemeanor charge

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Sean Charles Dunn was found not guilty on Thursday. (Washington Blade file photo by Joe Reberkenny)

A jury with the U.S. District Court for the District of Columbia on Thursday, Nov. 6, found D.C. resident Sean Charles Dunn not guilty of assault for tossing a hero sandwich into the chest of a U.S. Customs and Border Protection agent at the intersection of 14th and U streets, N.W. at around 11 p.m. on Aug. 10. 

Dunn’s attorneys hailed the verdict as a gesture of support for Dunn’s contention that his action, which was captured on video that went viral on social media, was an exercise of his First Amendment right to protest the federal border agent’s participating in President Donald Trump’s deployment of federal troops on D.C. streets. 

Friends of Dunn have said that shortly before the sandwich tossing incident took place Dunn had been at the nearby gay nightclub Bunker, which was hosting a Latin dance party called Tropicoqueta. Sabrina Shroff, one of three attorneys representing Dunn at the trial, said during the trial after Dunn left the nightclub he went to the submarine sandwich shop on 14th Street at the corner of U Street, where he saw the border patrol agent and other law enforcement officers  standing in front of the shop.

 Shroff and others who know Dunn have said he was fearful that the border agent outside the sub shop and immigrant agents might raid the Bunker Latin night event. Bunker’s entrance is on U Street just around the corner from the sub shop where the federal agents were standing.

 “I am so happy that justice prevails in spite of everything happening,“ Dunn told reporters outside the courthouse after the verdict while joined by his attorneys. “And that night I believed that I was protecting the rights of immigrants,” he said.

 “And let us not forget that the great seal of the United States says, E Pluribus Unum,” he continued. “That means from many, one. Every life matters no matter where you came from, no matter how you got here, no matter how you identify, you have the right to live a life that is free.”

The verdict followed a two-day trial with testimony by just two witnesses, U.S. Customs and Border Protection agent Gregory Lairmore, who identified Dunn as the person who threw the sandwich at his chest, and Metro Transit Police Detective Daina Henry, who told the jury she witnessed Dunn toss the sandwich at Lairmore while shouting obscenities.

Shroff told the jury Dunn was exercising his First Amendment right to protest and that the tossing of the sandwich at Lairmore, who was wearing a bulletproof vest, did not constitute an assault under the federal assault law to which Dunn was charged, among other things, because the federal agent was not injured. 

Prosecutors  with the Office of the U.S. Attorney for D.C. initially attempted to obtain a grand jury indictment of Dunn on a felony assault charge. But the grand jury refused to hand down an indictment on that charge, court records show. Prosecutors then filed a criminal complaint against Dunn on the misdemeanor charge of assaulting, resisting, or impeding certain officers of the United States.

“Dunn stood within inches of Victim 1,” the criminal complaint states, “pointing his finger in Victim 1’s face, and yelled, Fuck you! You fucking fascists! Why are you here? I don’t want you in my city!”

The complaint continues by stating, “An Instagram video recorded by an observer captured the incident. The video depicts Dunn screaming at V-1 within inches of his face for several seconds before winding his arm back and forcefully throwing a sub-style sandwich at V-1. 

Prosecutors repeatedly played the video of the incident for the jurors on video screens in the courtroom. 

Dunn, who chose not to testify at his trial, and his attorneys have not disputed the obvious evidence that Dunn threw the sandwich that hit Lairmore in the chest. Lead defense attorney Shroff and co-defense attorneys Julia Gatto and Nicholas Silverman argued that Dunn’s action did not constitute an assault under the legal definition of common law assault in the federal assault statute.

Assistant U.S. Attorney Michael DiLorenzo, the lead prosecutor in the case, strongly disputed that claim, citing various  provisions in the law and appeals court rulings that he claimed upheld his and the government’s contention that an “assault” can take place even if a victim is not injured as well as if there was no physical contact between the victim and an alleged assailant, only a threat of physical contact and injury.

The dispute over the intricacies of  the assault law and whether Dunn’s action reached the level of an assault under the law dominated the two-day trial, with U.S. District Court Judge Carl J. Nichols, who presided over the trial, weighing in with his own interpretation of the assault statute. Among other things, he said it would be up to the jury to decide whether or not Dunn committed an assault.

Court observers have said in cases like this, a jury could have issued a so-called  “nullification” verdict in which they acquit a defendant even though they believe he or she committed the offense in question because they believe the charge is unjust. The other possibility, observers say, is the jury believed the defense was right in claiming a law was not violated.

DiLorenzo and his two co-prosecutors in the case declined to comment in response to requests by reporters following the verdict.

“We really want to thank the jury for having sent back an affirmation that his sentiment is not just tolerated but it is legal, it is welcome,” defense attorney Shroff said in referring to Dunn’s actions. “And we thank them very much for that verdict,” she said.

Dunn thanked his attorneys for providing what he called excellent representation “and for offering all of their services pro bono,” meaning free of charge.

Dunn, an Air Force veteran who later worked as an international affairs specialist at the U.S. Department of Justice, was fired from that job by DOJ officials after his arrest for the sandwich tossing incident. 

“I would like to thank family and friends and strangers for all of their support, whether it  was emotional, or spiritual, or artistic, or financial,” he told the gathering outside the courthouse. “To the people that opened their hearts and homes to me, I am eternally grateful.” 

“As always, we accept a jury’s verdict; that is the system within which we function,” CNN quoted U.S. Attorney for D.C. Jeanine Pirro as saying after the verdict in the Dunn case. “However, law enforcement should never be subjected to assault, no matter how ‘minor,’” Pirro told CNN in a statement.

“Even children know when they are angry, they are not allowed to throw objects at one another,” CNN quoted her as saying.

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Maryland

Democrats hold leads in almost every race of Annapolis municipal election

Jared Littmann ahead in mayor’s race.

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Preliminary election results from Tuesday show Democrats likely will remain in control of Annapolis City Hall. Jared Littmann thanks his wife, Marlene Niefeld, as he addresses supporters after polls closed Tuesday night. (Photo by Rick Hutzell for the Baltimore Banner)

By CODY BOTELER | The Democratic candidates in the Annapolis election held early leads in the races for mayor and nearly every city council seat, according to unofficial results released on election night.

Jared Littmann, a former alderman and the owner of K&B Ace Hardware, did not go so far as to declare victory in his race to be the next mayor of Annapolis, but said he’s optimistic that the mail-in ballots to be counted later this week will support his lead.

Littmannn said November and December will “fly by” as he plans to meet with the city department heads and chiefs to “pepper them with questions.”

The rest of this article can be read on the Baltimore Banner’s website.

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Virginia

Democrats increase majority in Va. House of Delegates

Tuesday was Election Day in state.

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Virginia Capitol (Washington Blade photo by Michael Key)

Democrats on Tuesday increased their majority in the Virginia House of Delegates.

The Associated Press notes the party now has 61 seats in the chamber. Democrats before Election Day had a 51-48 majority in the House.

All six openly gay, lesbian, and bisexual candidates — state Dels. Rozia Henson (D-Prince William County), Laura Jane Cohen (D-Fairfax County), Joshua Cole (D-Fredericksburg), Marcia Price (D-Newport News), Adele McClure (D-Arlington County), and Mark Sickles (D-Fairfax County) — won re-election.

Lindsey Dougherty, a bisexual Democrat, defeated state Del. Carrie Coyner (R-Chesterfield County) in House District 75 that includes portions of Chesterfield and Prince George Counties. (Attorney General-elect Jay Jones in 2022 texted Coyner about a scenario in which he shot former House Speaker Todd Gilbert, a Republican.)

Other notable election results include Democrat John McAuliff defeating state Del. Geary Higgins (R-Loudoun County) in House District 30. Former state Del. Elizabeth Guzmán beat state Del. Ian Lovejoy (R-Prince William County) in House District 22.

Democrats increased their majority in the House on the same night they won all three statewide offices: governor, lieutenant governor, and attorney general.

Narissa Rahaman is the executive director of Equality Virginia Advocates, the advocacy branch of Equality Virginia, a statewide LGBTQ advocacy group, last week noted the election results will determine the future of LGBTQ rights, reproductive freedom, and voting rights in the state.

Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.

The General Assembly earlier this year approved a resolution that seeks to repeal the Marshall-Newman Amendment that defines marriage in the state constitution as between a man and a woman. The resolution must pass in two successive legislatures before it can go to the ballot.

Shreya Jyotishi contributed to this article.

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