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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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District of Columbia

Gay priest credited with boosting church support for LGBTQ Catholics

Fr. Tom Oddo’s biographer speaks at Dignity Washington event

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(Book cover image courtesy of Amazon)

The author of a biography of a U.S. Catholic priest said to have advocated for support by the Catholic Church of gay Catholics in the early 1970s has called Father Thomas ‘Tom’ Oddo a little known but important figure in the LGBTQ rights movement.

Tyler Bieber, author of the recently published book “Against The Current: Father Tom Oddo And the New American Catholic,” told of Oddo’s life and work on behalf of LGBTQ rights at a March 22 talk before the local LGBTQ Catholic group Dignity Washington.

Among Oddo’s important accomplishments, Bieber said, was his role as a co-founder of the national LGBTQ Catholic group Dignity U.S.A. in 1973 at the age of 29.

But as reported in the prologue of his book, Bieber presented details of the sad news that Oddo died in a fatal car crash in 1989 at the age of 45 in Portland, Ore., where he was serving as the highly acclaimed president of the University of Portland, a Catholic institution.

“He was a major figure in the gay rights movement in the 1970s, an unsung hero of that movement,” Bieber told Dignity Washington members, who assembled for his talk in a meeting room at St. Margaret Episcopal Church near Dupont Circle, where they attend their weekly Catholic mass on Sundays.

Tyler Bieber (Washington Blade photo by Lou Chibbaro, Jr.)

“And Dignity U.S.A. saw intense growth in membership and visibility” during its early years under Oddo’s leadership, Bieber said. “The story of Father Tom and his contemporaries is a story largely untold in the history of the gay rights movement, but one worth knowing and considering,” he said.

As stated in his book, Bieber told the Dignity Washington gathering Oddo was born and raised in a Catholic family on Long Island, N.Y., and attended a Catholic high school in Flushing Queens. It was at that time when he developed an interest in becoming a priest, according to Bieber.

After studying at the University of Notre Dame and completing his religious studies he was ordained as a priest in 1970 and began his work as a priest in the Boston area, Bieber said. It was around that time, Bieber told the Dignity Washington audience, that gay Catholics approached Oddo to seek advice on how they should interact with the Catholic Church. It was also around that time that Oddo became involved in a group supportive of then gay Catholics that later became a Dignity chapter in Boston.

In a development considered unusual for a Catholic priest, Bieber said Oddo in 1973 testified in support of gay rights bill before a committee of the Massachusetts Legislature and collaborated with then Massachusetts gay and lesbian rights advocate Elaine Noble.

In 1982, at the age of 39, Oddo was selected as president of the University of Portland following several years as a college teacher in the Boston area, Bieber’s book states. It says he was seen as a “vibrant and capable administrator who delivered real results to his campus,” adding, “His magnetism was obvious. One student described him as ‘John Kennedyesque’ to the university’s student newspaper.”

 Bieber said that although Oddo was less active with Dignity U.S.A. during his tenure as UP president, he continued his support for gay Catholics and what is now referred to as LGBTQ rights.

“For those that knew him prior to his term at UP, though, he represented something greater than an accomplished university administrator and educator,” Bieber’s book states. “He was a new kind of priest, a gay man living and ministering in a world set loose from tradition by the Second Vatican Council,” the book says.

It was referring to the Vatican gathering of worldwide Catholic leaders from 1962 to 1965 concluding under Pope Paul VI that church observers say modernized church practices to allow far greater participation by the laity and opened the way for sympathetic consideration of gay Catholics.

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District of Columbia

HRC to host National Rainbow Seder

Bet Mishpachah among annual event’s organizers

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(Photo by Rafael Ben Ari/Bigstock)

The 18th National Rainbow Seder will take place at the Human Rights Campaign on Sunday.

The sold out event is the country’s largest Passover Seder for the Jewish LGBTQ community.

Organizations behind the event include Bet Mishpachah, a local D.C. LGBTQ synagogue that Rabbi Jake Singer-Beilin leads, and GLOE, an Edlavitch DC Jewish Community Center program that sponsors events for the queer Jewish community. The theme for this year’s Seder is “Liberation For All Who Journey: Remembering, Resisting, Rebuilding.” Rabbis Atara Cohen, Koach Frazier, and Avigayil Halpern will lead it. 

The Seder will honor the late GLOE co-chair Michael Singer. Singer also served on the Edlavitch DC Jewish Community Center’s board.

“This Seder is both a celebration of how far we have come and a call to continue building a more just and inclusive world.” Bet Mishpachah Executive Director Joshua Maxey told the Washington Blade.

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Virginia

Gay man murdered in Va.

Shyyell Diamond Sanchez-McCray killed in Petersburg on March 13

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Shyyell Diamond Sanchez-McCray (Screen capture via Tashiri Bonet Iman/YouTube)

A gay man was murdered in Petersburg, Va., on March 13.

Shyyell Diamond Sanchez-McCray, who was also known as Saamel and Mable, was a drag queen who won the Miss Mayflower EOY pageant in 2015. Reports also indicate Sanchez-McCray, 42, was a well-known community activist in Virginia and in North Carolina.

Local media reports indicate police officers found Sanchez-McCray shot to death inside a home in Petersburg.

Sanchez-McCray’s brother, Jamal Mitchell Diamond, in a public statement the Washington Blade received from Equality Virginia and GLAAD, said Sanchez-McCray was not transgender as initial reports indicated.

“Our family has always embraced the fullness of who he was. He used the names Saamel, Shyyell, and Mable interchangeably, and we honor all of them. There is no division within our family regarding how he is being represented — only a shared commitment to preserving his truth with love and respect,” said Diamond.

“He was also deeply committed to community work through Nationz Foundation, where he worked and completed multiple state-certified programs to support marginalized communities,” added Diamond. “That work meant a great deal to him.”

Authorities have not made any arrests.

The Petersburg Bureau of Police has asked anyone with information about Sanchez-McCray’s murder to call Petersburg-Dinwiddie Crime Solvers at 804-861-1212.



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