Local
U.S. Attorney challenges use of civil rights law
Government defends Library of Congress in firing of gay employee
Peter TerVeer (Blade photo by Michael Key)
The United States Attorney for the District of Columbia filed court papers on Dec. 17 arguing that a gay man, who sued the Library of Congress for firing him because of his sexual orientation, failed to show he’s entitled to protection under Title VII of the U.S. Civil Rights Act of 1964.
The court filing by U.S. Attorney Ronald C. Machen Jr., who was appointed by President Obama, places the Obama administration in the awkward position of opposing a gay discrimination claim under Title VII.
In a lawsuit filed against the Library of Congress in August 2012, former management analyst Peter TerVeer, 30, says he was fired from his job after being harassed and humiliated for more than a year by a supervisor who repeatedly quoted biblical passages condemning homosexuality.
The lawsuit charges that although TerVeer was targeted because he’s gay, he suffered employment discrimination and harassment based on his gender, gender stereotyping and his religious beliefs, which he says didn’t conform to those of supervisor John Mech.
Title VII of the famed 1964 Civil Rights Act bans discrimination based on race, religion, ethnicity, gender and, according to recent court rulings, gender identity, but not sexual orientation by itself.
According to the lawsuit, TerVeer and Mech had a cordial working relationship from the time TerVeer was hired in February 2008 as a management analyst in the library’s Auditing Division. It says TerVeer received high performance ratings and two promotions between 2008 and 2010.
The lawsuit says Mech allegedly became hostile and unfairly critical of TerVeer’s work performance and created an unbearably hostile work environment after Mech learned TerVeer was gay.
The government’s filing of a motion to dismiss the case on legal and procedural grounds comes at a time when gay rights attorneys are seeking to persuade courts to treat anti-gay discrimination as a form of sex discrimination protected under Title VII.
“We believe that the allegations in the complaint are insufficient to substantiate a Title VII claim,” said Charles Miller, a spokesperson for the Justice Department’s Civil Division.
Miller pointed to an April 2012 ruling by the Library of Congress’s in-house equal employment opportunity division, which investigated TerVeer’s allegations of discrimination and harassment and dismissed an in-house complaint he filed in September 2011 on grounds that the allegations could not be substantiated.
“The Executive Branch is of course opposed to discrimination on the basis of sexual orientation, and this filing does not reflect any contrary policy,” Miller told the Blade.
But Christopher Brown of the D.C. law firm Ackerman Brown, which is representing TerVeer, said the government’s motion to dismiss the case “relies on legal precedent that excludes LGBT employees from protection under Title VII.”
Brown declined to comment further on the government’s arguments, saying TerVeer’s legal team prefers not to comment in detail on pending litigation.
Greg Nevins, supervising attorney for the gay litigation group Lambda Legal Defense and Education Fund, which is monitoring the TerVeer case, said the government’s motion to dismiss appears to be arguing that TerVeer did not present sufficient evidence to show that his supervisor targeted him for discrimination because TerVeer displayed mannerisms or behavior of a stereotypical gay man, which some might view as being effeminate.
“I think what the U.S. Attorney is saying here is a masculine gay man or a feminine lesbian would not be covered under Title VII,” Nevins said. “Some court rulings have essentially said Title VII does not apply to sexual orientation.”
In a landmark ruling last April, the U.S. Equal Employment Opportunity Commission declared that transgender people are protected against job discrimination under Title VII because bias against their gender identity is equivalent to sex discrimination. The EEOC ruling followed several appeals court decisions holding that transgender people were protected under Title VII.
Lambda Legal and other LGBT advocacy organizations say they hope to persuade courts that gay men and lesbians enjoy Title VII protections. They argue that sexual orientation discrimination is also linked to gender role stereotyping and bias, regardless of whether the victim is perceived as masculine or feminine.
TerVeer’s lawsuit says he also was targeted for retaliation after he filed his discrimination complaint with the library’s in-house EEO office, which is known as the Office of Opportunity, Inclusiveness and Compliance.
“Plaintiff’s discrimination and retaliation claims fall short,” Machen and two other government attorneys argue in their Dec. 17 motion seeking to dismiss the case, which was filed in U.S. District Court for the District of Columbia.
“Plaintiff alleges that he was subject to harassment after his employer learned that he was gay, and he presents his claim as one of non-conformity with sex stereotypes,” the motion to dismiss says. “But the detailed allegations in the complaint do not provide what courts have held is required to show that sex stereotyping was the cause of his employer’s actions.”
The motion to dismiss adds, “[C]ourts have generally required plaintiffs to set forth specific allegations regarding the particular ways in which an employee failed to conform to such stereotypes — generally relating to an employee’s behavior, demeanor or appearance in the workplace — and allegations to support the claim that this non-conformity negatively influenced the employer’s decision … In this case, however, plaintiff fails to offer anything more than the conclusory statement that, as a result of his sexual orientation, ‘he did not conform to the defendant’s gender stereotypes associated with men under Mech’s supervision.’”
One civil rights attorney familiar with the case, who spoke on condition of anonymity, said the U.S. Attorney’s office was fulfilling its role in defending its client — the Library of Congress — and should not be faulted for arguing against TerVeer’s attempt to invoke protection from Title VII.
“The government’s argument that the complainant fails to allege sufficient facts to state a claim … are typical arguments that they’d make equally if the plaintiff were female or black rather than gay,” the attorney said.
The government’s motion to dismiss the case is based mostly on procedural and legal grounds rather than on the merits of TerVeer’s specific allegations of discrimination and retaliation.
The government’s motion cites legal and procedural grounds to seek the dismissal of a separate claim in the lawsuit that the firing violated TerVeer’s Fifth Amendment constitutional right to due process and equal protection under the law.
In addition, it cites procedural grounds to call on the court to dismiss separate claims in the lawsuit that the library violated the Library of Congress Act, which bans discrimination based on factors unrelated to an employee’s ability to perform his or her job; and an internal library policy banning sexual orientation discrimination.
Library investigation finds no substantiation of discrimination
The motion to dismiss releases publicly for the first time the April 26, 2012 ruling by the library’s Office of Opportunity, Inclusiveness and Compliance (OIC) that rejects TerVeer’s allegations on grounds that they could not be substantiated or proven.
The 14-page ruling by the OIC, which was filed in court by the U.S. Attorney’s office as “Exhibit D,” was based on an in-house library investigation into a discrimination complaint filed by TerVeer on Nov. 9, 2011, according to OIC acting supervisor Vicki Magnus.
Magnus discusses the findings in an April 26 letter to Brown, TerVeer’s attorney, which the U.S. Attorney’s office submitted in court as part of Exhibit D.
“Based on the available evidence, the Office of Opportunity, Inclusiveness and Compliance (OIC) does not find sufficient evidence to support Complainant’s allegations that he was discriminated against based on religion, sex, and reprisal, and that he was subjected to sexual harassment and a hostile work environment in his meetings with supervisors regarding performance and in actions taken by supervisors regarding his performance,” Magnus said in her letter.
In what potentially could be damaging to TerVeer’s lawsuit, Magnus notes that the OIC investigation into TerVeer’s discrimination and retaliation complaint included interviews of and testimony by five of TerVeer’s co-workers. Each of the five testified that they personally observed less than satisfactory work performance by TerVeer, according to the OIC ruling.
In his complaint, TerVeer accuses his immediate supervisor, John Mech, and a higher level supervisor, Nicholas Christopher, of giving him a lower job performance rating based on anti-gay bias.
The five co-workers, “each of whom personally observed complainant’s performance, fully support the reasons presented by management justifying their decision to issue complainant poor performance ratings and to deny complainant a [performance based salary increase].”
Brown, TerVeer’s attorney, declined to comment on the OIC ruling or its potential impact on the lawsuit.
The library’s official reason for firing TerVeer was his failure to report to work after a leave of absence he requested and received permission to take had expired. TerVeer told reporters in a news conference in April that his doctor and therapist urged him to take a leave from work after the hostile work environment he said Mech created caused him to suffer severe emotional distress.
He said the library refused to grant his request to be transferred to another office under another supervisor, making it impossible for him to return to work.
Rehoboth Beach
Ashley Biden to speak at Blade’s Summer Kickoff Party in Rehoboth Beach
May 16 event to honor Beau Biden, feature speech from Gov. Matt Meyer
The Washington Blade’s 18th annual Summer Kickoff Party is scheduled for today in Rehoboth Beach, Del.
Ashley Biden, daughter of President Joe Biden, has joined the list of speakers, the Blade announced on Friday. She will accept an award on behalf of her brother Beau Biden for his LGBTQ advocacy work as Delaware attorney general.
Delaware Gov. Matt Meyer has also joined the list of speakers.
The event, held at the Blue Moon (35 Rehoboth Ave.) from 5-7 p.m., is a fundraiser for the Blade Foundation’s Steve Elkins Memorial Fellowship in Journalism, which funds a summer position reporting on LGBTQ news in Delaware. This year’s recipient will be introduced at the event.
The event will also feature remarks from state Sen. Russ Huxtable, who recently introduced a state constitutional amendment to codify the right of same-sex couples to marry. CAMP Rehoboth Executive Director Kim Leisey and Blade editor Kevin Naff will also speak. The event is generously sponsored by Realtor Justin Noble, The Avenue Inn & Spa, and Blue Moon.
A suggested donation of $20 is partially tax deductible and includes drink tickets and light appetizers. Tickets are available in advance at bladefoundation.org/rehoboth or at the door.
District of Columbia
LGBT exhibition at D.C.’s Capital Jewish Museum opens May 16
‘LGBT Jews in the Federal City’ arrives for WorldPride and beyond
The D.C. Lillian and Albert Small Capital Jewish Museum is opening a special exhibition called “LGBT Jews in the Federal City” on Friday, May 16, that will remain at the museum at 575 3rd St., N.W. until Jan. 4, 2026.
Museum officials have said they are pleased that the LGBT exhibition will be open concurrently with WorldPride 2025 D.C., which takes place May 17-June 8. The exhibition also takes place during Jewish American Heritage Month in May and during LGBTQ Pride Month in June, the museum points out in a statement.
“This landmark exhibition explores a turbulent century of celebration, activism, and change in the nation’s capital led by D.C.’s LGBTQ+ Jewish community,” the museum statement says. “This is a local story with national resonance, turning the spotlight on Washington, D.C. to show the city’s vast impact on LGBTQ+ history and culture in the United States.”
LGBT Jews in the Federal City includes “more than 100 artifacts and photographs representing the DMV region’s Jewish LGBTQ+ celebrations, spaces, struggles, joys, and personal stories,” the stamen points out.
A pre-opening tour of the exhibition provided for the Washington Blade shows that among the displays are first-ever shown materials from Bet Mishpachah, D.C.’s LGBTQ supportive synagogue, which is the nation’s fourth-oldest LGBTQ friendly synagogue.
Also included is a prominent display about Barrett Brick, a longtime D.C. LGBT rights advocate and Jewish community leader who served as a board member and president of Bet Mishpachah in the 1980s and as executive director of the World Congress of Gay and Lesbian Jewish organizations from 1987 to 1992. Brick passed away following a 10-year battle with cancer in 2013.
Another display in the museum’s several rooms accommodating the exhibition includes the ability to listen to audio clips of local LGBTQ community members sharing in their own voices their oral histories provided by D.C.’s Rainbow History Project.
Other displays include campaign posters and photos of prominent gay rights icon Frank Kameny, who led efforts to end discrimination against LGBTQ people from the federal government; and a panel from the AIDS Memorial Quilt that includes the name of a prominent Jewish Washingtonian who died during the AIDS epidemic.
“Through prompts, questions, and thoughtful design throughout the exhibition, visitors will be encouraged to ponder new ways to understand Jewish teachings and values as they relate to gender and sexuality,” the museum’s statement says.
“After leaving the exhibition, visitors can contribute to the Museum’s collecting and storytelling by sharing photographs, personal archives, or by recording stories,” it says.
The museum is open for visitors to see the LGBT exhibition and other museum exhibits 10 a.m. through 5 p.m. Wednesdays through Sundays. Admission to LGBT Jews in the Federal City is $12.
World Pride 2025
Tourists, locals express concerns about WorldPride security
Officials say no credible threats have been reported
With WorldPride upon us, Washington, D.C. is preparing to welcome an estimated 2 million people who will flock to the District to celebrate queer love, identity and resistance, with another 1 million regional LGBTQ community members expected to attend.
With so many people visiting from across the ocean (as well as across the Potomac) amid a less-than-supportive presidential administration, the issue of safety has become a major concern for those attending and hosting events.
Various social media platforms — including Instagram, X (formerly known as Twitter), and Reddit — have become spaces for residents and tourists alike to air their concerns about safety and security. Many have cited the Trump-Vance administration by name as the source of their fear.
“As much as I appreciate PRIDE — can’t help but think @realdonaldtrump is going to step in at the last minute and y’all are going to have to scramble for backup plans…” one person commented under a WorldPride Instagram post listing some of the events planned for Pride.
“Trump better leave this alone and let us do our thing,” said another user under the same post.
Beyond general unease, others pointed to concrete concerns, citing the Trump administration’s policies and past behavior as reasons for alarm. From detaining outspoken critics to restricting international travel, the fear of interference feels rooted in precedent.
“Just worrying a bit for anyone traveling to the USA right now, in particular if they are not a citizen,” another person commented on a Capital Pride Instagram post. “Especially if they have stuff on their phone etc. that shows that they’re not 100% in love with Trump’s policies. Don’t get me wrong, it’s more important than ever to protest and celebrate in D.C. for the right to be different. Just wondering how we can make it as safe as possible??”
“So the reality of the situation is that 1) the threat profile has increased 2) federal and local resources dedicated to security have massively shrunk 3) the federal government is overtly hostile to the protection of queer people,” said user Xcelsiorhs on Reddit. “There are compelling reasons not to host WorldPride in a country which is unconcerned with gay rights. The security nexus is just one complication and trans/queer immigration concerns are also towards the top of the list.”
“I am extremely worried about the security of the event. I really hope outside security is brought in to make it safe,” said another Reddit user. “Especially the festival and parade that are open to anyone.”
Last week Capital Pride, the local organization in charge of Washington’s Pride celebrations, hosted a webinar dedicated to community fears regarding health and safety. More than 150 people attended the virtual event to hear what the organization’s leaders had to say.
Organizers say they are prepared to address any challenges that arise.
“Tens of thousands of hours have been dedicated to this event,” said Sadhand Miraminy, the director of operations for Capital Pride and host of the safety webinar, ensuring safety is a top priority of the event organizers. “You all are in good hands.”
“It does take a city,” said Linda Lindamood, the director for health and safety for WorldPride, who highlighted various changes from Pride events in years past. “This is the city where people come to have their voices heard… We have worked diligently to address those ‘what ifs…’”
“There is a backup plan for everything,” Miraminy said, following participant questions about some of those “what ifs.”
Trevor Knight, the partner engagement program manager for D.C. Homeland Security, assured attendees that, so far, nothing indicates the event is a target.
“We do not have any credible threats to WorldPride,” Knight said, but he did note changes in some Pride protocols in the nation’s capital.
One of the biggest changes will be an established perimeter around the street festival on Pennsylvania Avenue. This year, it will be entirely fenced in with only nine entrance points — all of which will have metal detectors, bag checks, and nearby law enforcement.
Some social media users criticized the move, citing the history of Pride as justification. Others, like Reddit user ATLinDC, welcomed the change if it means a safer celebration.
“People uncomfortable with law enforcement having a visible presence in and around bars need to get over it. Our spaces need protecting should something go wrong. We do not need another Pulse,” they commented. “I welcome daddy cops on every corner!”
Despite some fears, the general feeling after the meeting — and among some online — was that they felt listened to and saw the organizations doing everything in their power to keep LGBTQ people safe.
“I have confidence that local bar owners and organizers are going to put their best foot forward on security,” said Reddit user Xcelsiorhs. “And the reality of the situation is it will not be enough and the scale of the problem far exceeds their capacity to respond to it. And it is not plausible the resourcing gap will be bridged.”
“The Metropolitan Police Department (MPD) is working closely with our local, state, and federal partners as we prepare for WorldPride 2025. As with any other events in the District, it is our priority to ensure the safety and security of District residents and visitors. Further details about securing these events, road closures, and additional impacts will be released as we get closer to these events,” said Lee Lepe, public information officer for MPD.
“While there are no known threats to WorldPride 2025, we always encourage the public to remain vigilant. If you see something, say something. Please report threats and emergencies to 911. Keep your community safe by reporting suspicious activity by calling 202-727-9099, texting 50411, or visiting iwatchdc.org.”
D.C. police officials were noncommittal when asked if outside police forces from Virginia and Maryland would assist with security.
“I can confirm we are looking into that,” Tom Lynch, supervisory public affairs specialist for MPD, told the Blade in an email. “We will have more to share on this once it’s confirmed.”
Despite the concerns, Ryan Bos, executive director of Capital Pride, emphasized that those trying to keep LGBTQ people from celebrating Pride are the very reason the event must go on.
“We must remain visible,” said Bos. “We must continue to fight and show up.”
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Calendar: May 16-22
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