Local
Ex-employee sues Whitman-Walker
Alleges discrimination, hazardous workplace

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.
Virginia
Mark Levine running in ‘firehouse’ Democratic primary to succeed Adam Ebbin
Outgoing gay Va. state senator has endorsed Elizabeth Bennett-Parker
Gay former Virginia House of Delegates member Mark Levine (D-Alexandria) is one of four candidates running in a hastily called “firehouse” Democratic primary to be held Tuesday, Jan. 13, to select a Democratic nominee to replace gay state Sen. Adam Ebbin (D-Alexandria)
Ebbin, whose 39th Senate District includes Alexandria and parts of Arlington and Fairfax Counties, announced on Jan. 7 that he was resigning effective Feb. 18, to take a job in the administration of Gov.-elect Abigail Spanberger.
The Jan. 13 primary called by Democratic Party leaders in Alexandria and Arlington will take place less than a week after Ebbin announced his planned resignation.
According to the Community News of Alexandria publication, a public debate between the four candidates was scheduled to take place one day earlier on Monday, Jan. 12, from 7-9 p.m. at the Charles Houston Recreation Center in Alexandria.
The winner of the so-called firehouse primary will compete in a Feb. 10 special election in which registered voters in the 39th District of all political parties and independents will select Ebbin’s replacement in the state Senate.
The other candidates competing in the primary on Tuesday, in addition to Levine, include state Del. Elizabeth Bennett-Parker, former Alexandria Vice Mayor Amy Jackson, and World Wildlife Fund executive Charles Sumpter.
Another Alexandria news publication, ALXnow, reports that Ebbin, Spanberger, and at least four other prominent Democrats in the Virginia General Assembly have endorsed Bennett-Parker, leading political observers to view her as the leading contender in the race.
“I have worked alongside Elizabeth and have seen her fight for the values of our community,” Ebbin said in a statement, ALXnow reports.
Arlington gay Democratic activist TJ Flavall said Parker-Bennett has attended LGBTQ community events and is known as an LGBTQ ally.
Ebbin’s endorsement of Bennett-Parker over fellow gay politician Levine in the Jan. 13 firehouse primary follows what observers have said is a longstanding rivalry between the two over disagreements around legislative issues.
In 2021, Ebbin endorsed Parker-Bennett when she challenged Levine in the Democratic primary for his House of Delegates seat in the then 45th House District in Alexandria.
Parker-Bennett defeated Levine in that race at a time when Levine, in an unusual move, also ran for the position of lieutenant governor. He also lost that race.
ALXnow reports that in his Facebook announcement of his candidacy for Ebbin’s state Senate seat Levine discounted the relevance of the large number of prominent endorsements that Parker-Bennet has received. In campaigns that last for just a few days rather than weeks or months, “it’s about turnout,” ALX now quoted him as saying.
Levine, an attorney, has a longstanding record as an LGBTQ rights advocate. He worked as a legislative counsel to gay former U.S. Rep. Barney Frank (D-Mass.) before becoming a radio talk show host and TV political commentator in Virginia prior to his election to the Virginia House of Delegates.
The firehouse primary on Jan. 13, which is open only to voters with identification showing they live in the 39th District, will take place from 8:30 a.m. to 7 p.m. in these locations:
Alexandria: Charles E. Beatley, Jr. Public Library, 5005 Duke St.; and the Charles Houston Recreation Center, 901 Wythe St.
Arlington: Aurora Hills Library, 735 18th St. S.
Annandale: New John Calvin Presbyterian Church, 6531 Columbia Pike
Virginia
Gay Va. State Sen. Ebbin resigns for role in Spanberger administration
Veteran lawmaker will step down in February
Alexandria Democrat Adam Ebbin, who has served as an openly gay member of the Virginia Legislature since 2004, announced on Jan. 7 that he is resigning from his seat in the State Senate to take a job in the administration of Gov.-Elect Abigail Spanberger.
Since 2012, Ebbin has been a member of the Virginia Senate for the 39th District representing parts of Alexandria, Arlington, and Fairfax counties. He served in the Virginia House of Delegates representing Alexandria from 2004 to 2012, becoming the state’s first out gay lawmaker.
His announcement says he submitted his resignation from his Senate position effective Feb. 18 to join the Spanberger administration as a senior adviser at the Virginia Cannabis Control Authority.
“I’m grateful to have the benefit of Senator Ebbin’s policy expertise continuing to serve the people of Virginia, and I look forward to working with him to prioritize public safety and public health,” Spanberger said in Ebbin’s announcement statement.
She was referring to the lead role Ebbin has played in the Virginia Legislature’s approval in 2020 of legislation decriminalizing marijuana and the subsequent approval in 2021of a bill legalizing recreational use and possession of marijuana for adults 21 years of age and older. But the Virginia Legislature has yet to pass legislation facilitating the retail sale of marijuana for recreational use and limits sales to purchases at licensed medical marijuana dispensaries.
“I share Governor-elect Spanberger’s goal that adults 21 and over who choose to use cannabis, and those who use it for medical treatment, have access to a well-tested, accurately labeled product, free from contamination,” Ebbin said in his statement. “2026 is the year we will move cannabis sales off the street corner and behind the age-verified counter,” he said.
Maryland
Steny Hoyer, the longest-serving House Democrat, to retire from Congress
Md. congressman served for years in party leadership
By ASSOCIATED PRESS and LISA MASCARO | Rep. Steny Hoyer of Maryland, the longest-serving Democrat in Congress and once a rival to become House speaker, will announce Thursday he is set to retire at the end of his term.
Hoyer, who served for years in party leadership and helped steer Democrats through some of their most significant legislative victories, is set to deliver a House floor speech about his decision, according to a person familiar with the situation and granted anonymity to discuss it.
“Tune in,” Hoyer said on social media. He confirmed his retirement plans in an interview with the Washington Post.
The rest of this article can be found on the Baltimore Banner’s website.
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