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.

President Joe Biden will leave the White House next week after leading what advocates consider to be the most pro-LGBTQ administration in American history.

The past four years offer a wealth of evidence to support the claim, from the passage of legislation like the landmark Respect for Marriage Act to the promotion of LGBTQ rights abroad as a cornerstone of U.S. foreign policy, impactful regulatory moves in areas like health equity for gay and trans communities, and the record-breaking number of gender and sexual minorities appointed to serve throughout the federal government and on the federal bench.

As demonstrated by the deeply personal reflections that he shared during an exclusive interview with the Washington Blade in September, Biden is especially proud of his legacy on LGBTQ rights and believes that his record reflects the bedrock principles of justice, equality, and fairness that were inculcated by his father’s example and have motivated him throughout his career in public life.

For instance, during a trip to New York in June, where he delivered remarks to commemorate the opening of the Stonewall National Monument Visitor Center, Biden explained he was deeply moved by the “physical and moral courage” of those early gay rights activists, adding that the monument honoring their sacrifices “sets an example” in the U.S. and around the world.

Likewise, Biden told the Blade he decided to publicly express his support for same-sex marriage in the midst of his reelection campaign with then-President Barack Obama in 2012 because of his experience attending an event hosted by a gay couple with their children present.

“If you saw these two kids with their fathers, you’d walk away saying, ‘wait a minute, they’re good parents,’” he said. From that moment forward, Biden was unwilling to continue to demur, even if that meant preempting Obama’s “evolution” toward embracing marriage equality.

To fully appreciate Biden’s leadership — especially during his presidency, and particularly on issues of transgender rights — it is worth considering his record against the backdrop of the broader political landscape over the past four years.

By the time he took office in 2021, conservative activists and elected leaders had positioned the trans community at the center of a moral panic, introducing hundreds of laws targeting their rights and protections and exploiting the issue as a strategy to undermine support for Democrats.

In the face of unrelenting attacks from his Republican political adversaries, Biden set to work building an administration that “looked like America” including with the appointment of trans physician and four-star officer Dr. Rachel Levine to serve as assistant health secretary, and on day one he issued an executive order repealing his predecessor’s policy that excluded trans Americans from military service.

As the 2024 election neared, with Donald Trump’s campaign weaponizing transphobia as a wedge to score votes, Biden’s support remained vocal and sustained. In each of his four State of the Union addresses to joint sessions of Congress, for example, the president reinforced his commitment to “have the trans community’s back.”

Meanwhile, midway through his term the U.S. Supreme Court overturned abortion protections that were in place since Roe v. Wade was decided in 1973, with conservative statehouses across the country taking the opportunity to pass draconian restrictions.

Democrats sought to exploit the unpopular abortion bans, especially as the presidential race was in full swing, but many were concerned that Biden might be an ineffective messenger because of his personal opposition to the practice as a devout Catholic.

While he directed his administration to take measures to protect access to abortion in the U.S. and spoke publicly about the importance of reproductive autonomy and the freedom to access necessary medical care for family planning, the Associated Press reports that as of March 2024, Biden had only used the word “abortion” in prepared remarks once in four years.

The daylight between how the president has talked about transgender rights and how he has talked about abortion offers an interesting contrast, perhaps illuminating how impervious Biden can be when pressured to compromise his values for the sake of realizing his political ambitions, while also demonstrating the sincerity of his conviction that, as he put it in 2012, anti-trans discrimination is “the civil rights issue of our time.”

Biden was scheduled to deliver a farewell address to the nation on Wednesday evening.

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.