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Ex-employee sues Whitman-Walker

Alleges discrimination, hazardous workplace

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Metro TeenAIDS, gay news, Washington Blade
Federally Qualified Health Center, Whitman-Walker Health, gay news, Washington Blade

Omar Mendez Rivas had been working at the organization’s Elizabeth Taylor Building at 14th and R Streets, N.W. (Washington Blade file photo by Michael Key)

A former employee has accused Whitman-Walker Health in a lawsuit filed on Jan. 15 of illegally firing him in retaliation for his complaint that he was subjected to a hazardous workplace “contaminated with paint fumes and other toxic materials.”

Omar Mendez Rivas, who was hired by Whitman-Walker in April 2015 as a staff accountant/grant biller, charges in his lawsuit that the organization terminated his employment on the same day he informed supervisors he had filed a complaint against Whitman-Walker with the U.S. Occupational Safety and Health Administration (OSHA).

The lawsuit, which seeks $200,000 in compensatory and punitive damages, also charges Whitman-Walker with violating the D.C. Human Rights Act by discriminating against him in the firing based on his race, national origin and gender.

“One week prior to termination, Plaintiff filed a complaint with OSHA in regards to building violations and uses of toxic paint in a confined space during working hours, without warning or without protection against harmful fumes and materials used – this resulted in Plaintiff getting severely ill with headaches, dizziness, nausea and respiratory difficulties,” the lawsuit charges.

In a Jan. 22 motion calling for the U.S. District Court for D.C. to dismiss the case, Whitman-Walker argues that each of Rivas’s allegations “fail as a matter of law” because they fail to “state a claim upon which relief can be granted.”

The motion also says that Rivas was “terminated at the conclusion of his three-month introductory period,” and under D.C. rules related to employment “an at-will employee may be discharged at any time and for any reason, or for no reason at all.”

Whitman-Walker spokesperson Shawn Jain told the Blade Rivas had been working at the organization’s Elizabeth Taylor Building at 14th and R Streets, N.W. He said Whitman-Walker has a policy of not commenting on the reason why employees leave the organization.

“We continue to dispute the claims made by Omar Mendez-Rivas,” said Jain, who added that OSHA conducted its own investigation and has not issued any safety violations based on Rivas’s claims regarding paint fumes.

A page on the OSHA website for a case listed as “Whitman-Walker Elizabeth Taylor Medical Center – Inspection Information” says the case was opened on July 31, 2015 and closed on Sept. 10, 2015. No findings of a violation in OSHA regulations are listed on the page.

OSHA spokesperson Leni Fortson said the fact that no violations are listed indicates none were found by OSHA inspectors who visited the building in response to the complaint.

Jonathan Dailey, the attorney representing Rivas, said he was told by OSHA while preparing the lawsuit that the case was ongoing. But he said he won’t dispute what OSHA is now saying and will correct the lawsuit’s assertion that the probe was continuing.

He said the lawsuit was never dependent on an OSHA finding of a violation. “This is a wrongful termination case,” he said. “This is based on common law a wrongful discharge public policy exception, which is recognized under D.C. law as a cause of action.”

The lawsuit says Whitman-Walker has responded by saying the termination was not due to Rivas’s OSHA complaint but it has refused to give a reason for the termination.

“At no point after his hire and prior to his termination did defendant complain about his work performance, other than praise,” the lawsuit says.

The case has been assigned to U.S. District Court Judge Reggie B. Walton.

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Virginia

McPike wins special election for Va. House of Delegates

Gay Alexandria City Council member becomes 8th LGBTQ member of legislature

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Alexandria City Council member Kirk McPike. (Photo courtesy Alexandria City Council)

Gay Alexandria City Council member Kirk McPike emerged as the decisive winner in a Feb. 10 special election for a seat in the Virginia House of Delegates representing Alexandria.  

McPike, a Democrat, received 81.5 percent of the vote in his race against Republican Mason Butler, according to the local publication ALX Now.

He first won election to the Alexandria Council in 2021. He will be filling the House of Delegates seat being vacated by Del. Elizabeth Bennett-Parker (D-Alexandria), who won in another Feb. 10 special election for the Virginia State Senate seat being vacated by gay Sen. Adam Ebbin (D-Alexandria). 

Ebbin is resigning from his Senate next week to take a position with Virginia Gov. Abigail Spanberger’s administration.

Upon taking his 5th District seat in the House of Delegate, McPike will become the eighth out LGBTQ member of the Virginia General Assembly. Among those he will be joining is Sen. Danica Roem (D-Manassas), who became the Virginia Legislature’s first transgender member when she won election to the House of Delegates in 2017 before being elected to the Senate in 2023.

“I look forward to continuing to work to address our housing crisis, the challenge of climate change, and the damaging impacts of the Trump administration on the immigrant families, LGBTQ+ Virginians, and federal employees who call Alexandria home,” McPike said in a statement after winning the Democratic nomination for the seat in a special primary held on Jan. 20. 

McPike, a longtime LGBTQ rights advocate, has served for the past 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) and has remained in that position during his tenure on the Alexandria Council. He said he will resign from that position before taking office in the House of Delegates.

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Local

Local LGBTQ groups, activists to commemorate Black History Month

Rayceen Pendarvis to moderate Dupont Underground panel on Sunday

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Rayceen Pendarvis speaks at the WorldPride 2025 Human Rights Conference at the National Theater in D.C. on June 4, 2025. (Washington Blade photo by Michael K. Lavers)

LGBTQ groups in D.C. and elsewhere plan to use Black History Month as an opportunity to commemorate and celebrate Black lives and experiences.

Team Rayceen Productions has no specific events planned, but co-founder Rayceen Pendarvis will attend many functions around D.C. this month.

Pendarvis, a longtime voice in the LGBTQ community in D.C. moderated a panel at Dupont Underground on Feb. 8. The event, “Every (Body) Wants to Be a Showgirl,” will feature art from Black burlesque artists from around the country. Pendarvis on Feb. 23 will attend the showing of multimedia play at the Lincoln Theatre that commemorates the life of James Baldwin. 

Equality Virginia plans to prioritize Black voices through a weekly online series, and community-based story telling. The online digital series will center Black LGBTQ voices, specifically trailblazers and activists, and contemporary Black queer and transgender people.

Narissa Rahaman, Equality Virginia’s executive director, stressed the importance of the Black queer community to the overall Pride movement, and said “Equality Virginia is proud to center those voices in our work this month and beyond.”

The Capital Pride Alliance, which hosts Pride events in D.C., has an alliance with the Center for Black Equity, which brings Black Pride to D.C. over Memorial Day weekend. The National LGBTQ Task Force has no specific Black History Month events planned, but plans to participate in online collaborations.

Cathy Renna, the Task Force’s director of communications, told the Washington Blade the organization remains committed to uplifting Black voices. “Our priority is keeping this at the forefront everyday,” she said.

The D.C. LGBTQ+ Community Center is also hosting a series of Black History Month events.

The D.C. Public Library earlier this year launched “Freedom and Resistance,” an exhibition that celebrates Black History Month and Martin Luther King Jr. It will remain on display until the middle of March at the Martin Luther King Jr. Memorial Library at 901 G St., N.W.

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District of Columbia

U.S. Attorney’s Office drops hate crime charge in anti-gay assault

Case remains under investigation and ‘further charges’ could come

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(Photo by chalabala/Bigstock)

D.C. police announced on Feb. 9 that they had arrested two days earlier on Feb. 7 a Germantown, Md., man on a charge of simple assault with a hate crime designation after the man allegedly assaulted a gay man at 14th and Q Streets, N.W., while using “homophobic slurs.”

But D.C. Superior Court records show that prosecutors with the Office of the U.S. Attorney for D.C., which prosecutes D.C. violent crime cases, charged the arrested man only with simple assault without a hate crime designation.

In response to a request by the Washington Blade for the reason why the hate crime designation was dropped, a spokesperson for the U.S. Attorney’s office provided this response: “We continue to investigate this matter and make no mistake: should the evidence call for further charges, we will not hesitate to charge them.” 

In a statement announcing the arrest in this case, D.C. police stated, “On Saturday, February 7, 2026, at approximately 7:45 p.m. the victim and suspect were in the 1500 block of 14th Street, Northwest. The suspect requested a ‘high five’ from the victim. The victim declined and continued walking,” the statement says.

“The suspect assaulted the victim and used homophobic slurs,” the police statement continues. “The suspect was apprehended by responding officers.”

It adds that 26-year-old Dean Edmundson of Germantown, Md. “was arrested and charged with Simple Assault (Hate/Bias).” The statement also adds, “A designation as a hate crime by MPD does not mean that prosecutors will prosecute it as a hate crime.”

Under D.C.’s Bias Related Crime Act of 1989, penalties for crimes motivated by prejudice against individuals based on race, religion, sexual orientation, gender identity, disability, and homelessness can be enhanced by a court upon conviction by one and a half times greater than the penalty of the underlying crime.

Prosecutors in the past both in D.C. and other states have said they sometimes decide not to include a hate crime designation in assault cases if they don’t think the evidence is sufficient to obtain a conviction by a jury. In some instances, prosecutors have said they were concerned that a skeptical jury might decide to find a defendant not guilty of the underlying assault charge if they did not believe a motive of hate was involved.

A more detailed arrest affidavit filed by D.C. police in Superior Court appears to support the charge of a hate crime designation.

“The victim stated that they refused to High-Five Defendant Edmondson, which, upon that happening, Defendant Edmondson started walking behind both the victim and witness, calling the victim, “bald, ugly, and gay,” the arrest affidavit states.

“The victim stated that upon being called that, Defendant Edmundson pushed the victim with both hands, shoving them, causing the victim to feel the force of the push,” the affidavit continues. “The victim stated that they felt offended and that they were also gay,” it says.

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