Local
Local gay student blocked from making blood donation despite FDA easing policy
Red Cross acknowledges delays, study to examine further change
A gay D.C. native otherwise qualified to donate blood was denied that chance at a local hospital, demonstrating that obstacles remain after the FDA eased its ban on gay donations ā even as the agency has set up a pilot study to assess lifting the blanket policy altogether.
Aubrey Lay, a 19-year-old student at the College of William & Mary, told the Washington Blade after the FDA eased its policy last month he registered with his family at Childrenās National Hospital, a D.C.-based pediatrics center, in hopes of making a contribution under the belief heād meet the new requirements.
āAs a gay man, I was very excited that the FDA had relaxed its guideline restrictions on MSM donating blood, however imperfect this change may be,ā Lay said. āThis meant that for the first time since graduating high school, I would be able to donate blood.ā
Lay said he would have been ineligible to donate under the former rule requiring 12 months of abstinence for gay men, but believed he would have been eligible under the new rules requiring only three months. Although the hospital’s website had the old information online, Lay said he proceeded to his appointment on April 29 under the āwishful thinkingā the hospital would accept him.
But Lay was ultimately blocked from making a donation.
āIt turned out I was giving them the benefit of the doubt where I shouldn’t have,ā Lay said. āI signed in and had my intake interview during which I explained my sexual history, and that I had last had sexual contact in early January, over the three-month limit. After answering all these questions, I got my finger pricked and iron levels checked, and height, weight, [blood pressure] taken. Only then was I told that I would not be able to donate because the hospital’s policy has not yet caught up to national standards.ā
Lay said he was āshakenā by the experience, having wanted to make a blood donation to help out as the nation battles the coronavirus crisis.
As evidence going to the hospital was a risk he didnāt take lightly, Lay said it was the first time heād left his house in a month because he and his family took the Virginia stay-at-home order āvery seriously.ā
āI certainly would not have risked my own health, and that of others, had I known I would be turned away,ā Lay said.
Amid the blood shortage during the coronavirus pandemic, the FDA last month announced it would ease the ban on blood donations for various groups, including men who have sex with men.
The earlier ban, established in 2015, required gay men to be abstinent for 12 months before making a donation, but the new policy eased those restrictions, requiring a deferral period of three months.
Before 2015, the FDA had a lifetime ban on blood donations from men who have had sex with men. The policy was implemented in 1983 at the height of the AIDS epidemic based on fears donations from gay men would allow HIV to enter the blood supply.
Lay, upon being denied the ability to donate blood, said he found the office of the hospital’s president next to the blood donation room and sought an audience.
The president, Lay said, apologized for the confusion and connected him with the doctor in charge of the blood bank. The doctor, Lay said, told him the hospital’s computer systems were interlaced with the new policy and ā in normal times without coronavirus ā it would take a month to disentangle them and make them consistent with the new policy.
The website for the Children’s National Hospital has been updated and no longer indicates it follows the earlier 12-month policy, but is in the process of making a transition to conform to the new guidance by June 2020.
A Children’s National Hospital spokesperson confirmed the center is still in the process of updating its policy for gay donors and expects resolution next month.
āWe have the deepest appreciation for all our blood donors and see every day how their donation saves lives,ā the spokesperson said. āWe take every step to adhere to all regulations around blood donation and are working to update our policies, donor questionnaire and computer systems to align to the new FDA regulations. The FDA just approved the donor questionnaire for sites to use and we are hoping to have all policies in place in June. We encourage anyone who would like to donate to make an appointment and double check on the eligibility before coming in.ā
Layās story isnāt unique as other gay men have reported being unable to donate blood after the FDA eased its ban. Whether or not each of these men expected to meet the requirements under the new deferral period of three months is unclear.
Gay TV personality Andy Cohen says he was denied the chance to donate, even though his plasma would be rich in the antibody for COVID-19. Lukus Estok, a young gay man who recovered from COVID-19, also told his story about being denied the opportunity to make a donation at the New York Blood Center. His Facebook post went viral on social media and was featured in a Good Morning America article.
Mathew Lasky, a spokesperson for the LGBTQ media watchdog GLAAD, which has been leading calls for a change in blood policy, said more and more stories are emerging of LGBTQ people being blocked from making donations despite the recent change.
āGLAAD is continuing to pressure the FDA to put science above stigma, and to remove any time-based deferral on gay and bisexual men, and others in the LGBTQ community, donating blood,ā Lasky said. āIn the meantime, itās critical for individual blood centers to begin adhering to the new FDA guidelines as not to continue needlessly discriminating against LGBTQ people, and to address the critical blood supply shortages weāre seeing during COVID-19.ā
The American Red Cross, which had called for the FDA to shorten its deferral period from the 12 months to three months before the new policy was implemented, cautioned via a spokesperson the implementation of updated rules āwill take time.ā
āAs the largest blood provider in the country, we are working to implement the updated FDA eligibility changes and will provide an update on timeline in the near future,ā the spokesperson said. āItās important to note that the implementation process includes potentially thousands of individuals and involves complex system updates that do take time. We are working to develop a reinstatement process to share with potential donors in the near future.ā
UPDATE: A Red Cross spokesperson after publication of this article told the Blade a June 1 target date has been set for full implementation of the FDA policy change.
“The American Red Cross is working to implement the updated FDA eligibility changes on June 1,” the spokesperson said. “We just want to emphasize that this process includes potentially thousands of individuals and involves system updates that will take time to implement.”
Even as blood centers work to update their system to conform to the new policy, LGBTQ advocates have said the change is insufficient and the FDA should scrap its deferral requirements entirely for men who have sex with men and instead implement a policy based on individual risk assessment. Such a policy could enable, for example, monogamous gay men or gay men with safe sex practices to make blood donations.
Among those calling for this change is California Attorney General Xavier Becerra, who last month led a letter to the Department of Health & Human Services with 19 other attorneys general urging the Trump administration to abandon the deferral period, citing the success of other countries, such as Spain, Italy and Portugal, that have implemented gender-neutral policies.
Many voices have emerged calling for any and all obstacles to gay men making blood donations being lifted because testing could determine whether a blood donation has HIV. Experts, however, say some caution is necessary as a window exists between donation and testing in which the test wouldnāt be able to determine if a donation was free of the virus.
Scott Schoettes, counsel and the HIV Project Director at Lambda Legal, articulated that warning in a conference call last month with reporters.
āPeople believe that it catches all new cases of HIV or new cases of Hepatitis B, Hepatitis C, other blood borne infections,ā Schoettes said. āThat is not the case. There is still a window period during which that testing would not uncover a newly acquired infection.ā
But in a rare situation of hitting both the gas and brake at the same time amid a policy change, the FDA has indicated the agency also is in the early stages of a pilot program to determine whether or not the ban can be changed further in favor of a risk-based assessment.
Megan McSeveney, an FDA spokesperson, confirmed the agency is set to begin the study with āabout 2,000 men who have sex with men and who would be willing to donate blood.ā
āThis study, being conducted at community health centers in key locations across the United States, could generate data that will help the FDA determine if a donor questionnaire based on individual risk assessment would be as effective as time-based deferrals in reducing the risk of HIV,ā McSeveney said.
The Red Cross is participating in the efforts to ensure a new risk-based policy as opposed to a deferral period will keep the blood supply safe, a spokesperson for the non-profit said.
āWe are very early in the study ā we are currently finalizing the content of the new questions, and developing the specifics of the protocols, including site selection, which then will require government and ethical review board approval,ā the spokesperson said. āThe results of testing in combination with the responses to the questionnaire will be used to determine the value of the questions in interdicting new HIV infections.ā
Based on the limited information of the study, there’s no indication a change will, in fact, follow eliminating the deferral period for gay men entirely in favor of a risk-based assessment.
Sarah Kate Ellis, CEO of GLAAD, said in a statement the pilot study was wholly necessary given medical experts who say any kind of deferral period is āstigma, not science.ā
āDuring the current crisis, the FDA is wasting time and money on a pilot study when all the scientific research and medical authorities plainly state that gay and bi man should not be restricted from donating blood,ā Ellis said. āAll blood donations, regardless of sexual orientation, are screened to ensure healthy samples and now the American Medical Association, leading elected officials, and more than 600 medical professionals have all done the work for the FDA and unequivocally state that this ban needs to end.ā
Lay, caught in the middle of reconsideration of the policy, said he awaits the day when the restrictions are changed so LGBTQ people can finally donate blood at a time when their help is needed.
āBecause of this crisis, blood donation centers should not be turning people away at the door who are by all measures qualified donors, risking their health and the health of those around them by their very presence in these spaces,ā Lay said. āIt is so important that we make this discrepancy between policy and practice known so that we can push for more transparency in blood donation, and hopefully full implementation of the new policy, albeit imperfect.ā
District of Columbia
Adm. Levine promotes vaccine awareness at Whitman-Walker forum
U.S. Assistant Secretary of Health is highest-ranking trans official
Dr. Rachel Levine, the U.S. Assistant Secretary of Health and the federal governmentās highest-ranking transgender official, called on community leaders to join her in a campaign to promote vaccinations to curtail respiratory illness at a forum organized by the LGBTQ supportive medical center Whitman-Walker Health.
Levine, a pediatrician, was joined by four fellow physicians, three of whom are with Whitman-Walker, and an official with the LGBTQ seniors advocacy group SAGE, in a panel discussion called āProtecting Our Health In the New Year: A Conversation on Flu, COVID-19, and RSV Vaccines.ā
Among other things, Levine talked about a vaccination promotion program she is involved with at the U.S. Department of Health and Human Services called āRisk Less and Do More.ā
āIām extremely passionate about vaccines and the role they play in preventing respiratory illness and keeping communities healthier,ā Levine told the gathering, held at Whitman-Walkerās Max Robinson Center.
āAnd the success of āRisk Less, Do Moreā is rooted in partnerships with community leaders across America who have provided reliable information to community members so that they can make the best informed decisions about their health and access one of the best tools that we have to protect our health ā vaccinations,ā Levine said.
She noted that separate vaccines are now available for three respiratory illnesses that can potentially be life-threatening ā flu, COVID-19, and Respiratory Syncytial Virus known as RSV.
āWhile aiming to limit respiratory virus spread among all Americans, the āRisk Less, Do Moreā campaign has placed particular focus on high-risk populations who are at the greatest risk for becoming seriously ill,ā Levine said.
āThis includes people who are not up to date on their vaccines, those who are 65 years and older, residents in long-term care facilities, pregnant people, those living in rural areas where healthcare access is limited, and racial and ethnic populations who are more at risk, including those in the Black and Hispanic community,ā she said.
A ānotable uptickā in the three respiratory illnesses she mentioned is now occurring across the country and in Washington, D.C., Levine added.
The others who joined Levine in the discussion were Aaron Tax, an official with SAGE; Tasliyam Adams, Senior Manager of Medical Support at Whitman-Walker; Danny Jaek, Pharmacist at Whitman-Walkerās Max Robinson Center; and Dr. Kimberly Jeffries Leonard, Vice President of Administration, Black Womenās Agenda.
Also participating in the discussion were Whitman-Walker physicians Heather Aaron, Ann Bonham, and Kellan Baker.
At the conclusion of the forum Whitman-Walker officials presented Levine with a poster size, framed proclamation honoring her āFor Distinguished Service and Leadership In Advancing Public Health and Health Equity.ā
Levine, who will leave her job on Jan. 20 when president-elect Donald Trump takes office, was asked by the Washington Blade if she has any advice for her successor under the new administration.
āI really canāt comment on the new administration,ā she said. āBut what I can comment on is the importance of vaccinations, which again has been one of the victories of public health in the 20th and 21st centuries. And so, we are very proudly talking about our Risk Less, Do More campaign for this respiratory season.ā
Naseema Shafi, Whitman-Walkerās CEO, said Whitman-Walker was honored that Levine participated in the vaccine forum.
āShe has done so much to advance health in the community,ā said Shafi, who added, āSheās been a fearless leader living authentically and weāre really proud of the opportunity to be able to spend time with her today.ā
District of Columbia
Many LGBTQ residents escaping D.C. for inauguration weekend
Some fear queer spaces could be targeted by MAGA crowd
Donald Trump will be sworn in on the steps of the U.S. Capitol as the 47th president on Monday, becoming the second person in history to ever return to the Oval Office after losing an election. As fencing and roadblocks begin to pop up in preparation for a weekend of Trump supporters gallivanting on the National Mall and across the capital, many LGBTQ people in Washington have made plans to leave the District.
Nick Gomez, a 27-year-old music director for iHeartRadio and host of PRIDE Radio told the Washington Blade he will leave the city for northern Maryland with a group of kickball team members. Gomez explained that this weekend being both a federal holiday (Martin Luther King Jr. Day) and a weekend when he didnāt want to remain in Washington, it made sense to join some friends on a trip.
āI thought that it was a small group, but it’s actually a very large group of us looking at the group chat now,ā Gomez said. āWe’re getting a little cabin out in northern Maryland.ā He said 27 members of his LGBTQ Stonewall Kickball team are planning to ride out the inauguration away from Trump supporters and MAGA hats.
āNormally a little kickball team cabin weekend happens every year, but we did coordinate it to happen on inauguration weekend this year ā decidedly after Nov. 5 is when we booked the Airbnb,ā he said.
Gomezās choice to leave Washington was not a snap judgment though. For a while he contemplated what to do and if he should leave the city at all.
āI’ve thought about this a lot, actually,ā he said. āI was thinking, āWhat is it going to be like to live in this city while the administration is active outside of just inauguration weekend?ā There was a part of me that’s like, āI don’t need to be caught up in all that. I know that that’s probably not going to be good for me. And it very well could turn into a fucking hellscape out here.ā But there was another part of me that’s like, āWell, why am I going to leave? Because this is my city. I’m the one who lives here!ā And that kind of went into thinking about the inauguration weekend.ā
Gomez understood this would not be like any previous inauguration, given the inflammatory president-elect and his largely anti-LGBTQ followers.
āThe difference about inauguration weekend is that this inauguration is happening on the 20th, but there’s also that rally happening on the 19th,ā he said. āAnything that we can get caught up in on the 19th is just simply not going to be beneficial for queer people in the city, or the city itself.ā
The twice-impeached president-elect is planning to hold a āvictory rallyā for 20,000 supporters the day before he is sworn in. This will mark the first time Trump will speak to a crowd in Washington since Jan. 6, 2021, when groups of his supporters stormed the Capitol in hopes of overturning the fair election of Joe Biden. Trump’s fans, and their inclination to venture toward violent behavior, Gomez explains, is a large reason for why he chose to leave Washington for the weekend.
āThere are going to be so many people from out of town here, people from around the country here whose only objective is to support this man. We know what that looks like when people support this man in a physical sense. If they’re going to do that for two days, I don’t need to be here for that. I also don’t need to validate their presence by welcoming them to my city.ā
He understands that some LGBTQ community members may feel that is the exact reason to stay in Washington.
āMaybe there are some differing opinions on that,ā Gomez added. āMaybe people think, āYou know what, I’m going to sit here and stand my groundā and like, āThis is my city no matter what.ā I just think that there is a smarter way to stand my ground in my city than subjecting myself to whatever chaos is going to be here on those two days.ā
āIt’s more of a refusal to leave on my part,ā said Luke Stowell, 22, the queer assistant director of music at the Chevy Chase Presbyterian Church who is hunkering down in the District this weekend. āI live here. I pay rent here. I’m not going anywhere, just because 650,000 Republicans are coming. This is my home.ā
Stowell explained that he is on the side of staying in Washington for the inauguration, if nothing else to be a voice of resistance against the Trump regime.
āI almost wish that there wasn’t such a desire for exodus,ā they added. āI wish that there were a little bit more of a āHey, like, No, we’re actually going to stand our ground.ā I appreciate the defiance, but I see it more as a defense of this territory. It’s obviously, as we know, a hugely liberal territory.ā
Stowell has debated shifting his daily routine ahead of Sundayās MAGA rally to avoid the Gallery-Place/Capital One Arena area.
āThey’re saying that there’s a big rally before the inauguration down at Capital One Arena, and that’s actually where my Planet Fitness is,ā they said. āI’m very interested to see if I try to go to the gym on Sunday, will it even be open? Will it be overrun with MAGgots? Otherwise on Monday, I have choir. I have things to do on Monday. My life doesn’t really stop just because the inauguration is happening. Some people don’t even have time off for the MLK Day holiday. It seems so crazy that those are on the same day, but yeah, I’ll be around.ā
Sam Parker, a 30-year-old managing strategist at a political consulting firm, chose to use this weekend to escape from the city and to get closer to his partner after experiencing the first Trump inauguration from a very close distance.
āMy boyfriend and I are going to Philly for the weekend, all the way until Tuesday to avoid the inauguration, and to get out for the three-day weekend,ā Parker said. āIt’s definitely largely predicated on the fact that I lived in Foggy Bottom the last time he was inaugurated.ā
Parker has since moved away from any of the neighborhoods that will be fully locked down during the inauguration but would rather just avoid any repeated feeling of being locked down as he was eight years ago.
āIt was entirely in the shutdown zone ā there were armored cars on the street. It was inescapable. My current neighborhood is probably a little lessā¦ omnipresent. ā¦ But I’ve kind of gotten over the idea that there’s some kind of ānoble aimā being witness to all this stuff, and that it’s kind of better for my mental health to just get out of town. Also, politics aside, it feels like the town gets kind of locked down for an inauguration. It is kind of nice to use some Amtrak points and go somewhere else. Have a less stressful weekend.ā
Justin Westley, a 28-year-old fundraising professional for an environmental NGO, is also using this weekend as an opportunity to grow closer to their boyfriend, Matt. Matt, who works for the federal government, requested anonymity due to concerns about potential repercussions for speaking out against the incoming administration, but wholeheartedly agreed about wanting to leave the city ahead of Trumpās arrival.
āWe’re going to Boston this weekend,ā Westley said. āWe’re visiting Mattās sister, who lives up there. Weāre going to stay and visit for a while, and this just seemed like a good opportunity. It’s very practical, because we were wanting to see Matt’s sister anyway. ā¦ I know most of our friends are either doing cabin trips or small weekend getaways anyway. We probably would have left regardless. I do think going to Massachusetts, a very blue state, and Boston, a very blue city, will be nice to not have to worry at all about interacting with those people [Trump supporters] on the day-to-day.ā
āYeah,ā Matt agreed. āVisiting a city that has voted primarily blue the past several elections offers a political comfort. But also, there’s a fun aspect of exploring a new city. Justin’s never been there. And then there’s comfort there ā visiting a family member. That’s also just kind of like a safety net.ā
Matt added that he has already seen law enforcement begin taking precautions in the District ahead of Mondayās events, solidifying the choice to leave ahead of whatever the weekend holds.
āI actually live pretty close to the White House, in the general Logan Circle area, and they’ve been testing drones,ā Matt said. āI remember seeing the news articles that they’re going to be testing them throughout the week, leading up to the inauguration. I haven’t been down near the actual mall, but the traffic patterns have already changed, just walking around the neighborhood. And the transportation agency has released what streets are going to be closed and navigating the area around my apartment is just going to be a nightmare.ā
This caused Westley to reflect on where he, and the city, was four years ago.
āIāve just been thinking back to Jan. 6 ā the disrespect, the terrorism, the white supremacy, but also just the disrespect toward the people who live here,ā Westley said. āFour years later, after all of that, these people are going to be coming back under the presumption of āWelcome to the city!ā For the first Trump administration, I lived in Nashville and in Pittsburgh. Those are both red and like purple states, respectively. The cities themselves truly did feel likeā¦ not being in a bubble, but like, a true insulated community where I wasn’t on edge about seeing Trump supporters ā like MAGAs in the streets necessarilyā¦There is just going to be a lot more Trump supporters [in Washington], and that just makes me feel a lot less secure.ā
Despite feeling less secure this time around, Westley echoed Parkerās earlier sentiment on the importance of prioritizing his mental health while navigating this weekend, and the next four years.
āWhile I can’t control being around staffers in the streets for the next four years, I can control when I’m around the sort of enthusiastic supporter that would be coming to the inauguration,ā Westley said. āRemoving myself from the situation felt like the healthiest thing for me, especially thinking about the next four years and for the energy that I’ll have to devote to protecting the people I love, the people close to me, as well as the community more broadly. I want to make sure that I’m starting that from a place of safety and resilience and not fear.ā
Stephen Hayes, 37, a non-profit fundraising professional, will use the long holiday weekend to celebrate his wedding anniversary and avoid unnecessary political conflict with people who may not support him and his husband.
āI had already planned on going out of town this weekend,ā Hayes told the Blade. āIt’s my husband and my 11th wedding anniversary. We got married in New York and we return every year for our anniversary. Our anniversary happens to fall in the middle of the week, so we’re going the weekend prior.ā
Hayes initially was more hopeful the country would go in a different direction than a second Trump presidency and kept that in mind when originally planning his anniversary weekend.
āI had originally planned to return in time for the inauguration, because I was hopefully optimistic that things would go the other way. But once we learned that they didn’t go the way that I’d like, I changed my plans to extend my stay in New York through the inauguration and return the following day, hopefully avoiding most of the people who will be here in town for the event.ā
This trip, Hayes recalls, seems to be very similar to his holiday weekend during Trumpās first inauguration two terms ago.
āIt’s kind of funny because eight years ago I was in New York during some of the first protests [against Trump] with the āpussy hat/pink hatā protests that took place in New York,ā he said. āI wasn’t planning to be there during the inauguration, and I wasn’t yet a D.C. resident, but now it will be interesting to be in New York City again for the inauguration.ā
āIt feels like there’s a lot of unknown right now,ā Hayes added. āPersonally, I kind of have my guard up. The people coming to town might not be as friendly as your average visitor so I would just be hyper vigilant. Be aware of what’s going on around you. I want to say that queer spaces are safe spaces, but they might be a targeted place. I don’t think that’s going to happen, but the pessimist in me says be prepared.ā
āIt is super easy to feel really helpless and we’re all allowed to feel helpless, but eventually something has to come of that helplessness,ā Gomez added. āI have no doubt that the queer community in this city will do that, and something will come out of it. But I think if there’s anything that I would want to share just from my personal experience over the last however many weeks, it’s that helplessness is OK, and it will not last forever. There’s an entire city of people around you that are there to lean on.ā
Trumpās inauguration happens Monday, Jan. 20 at noon on the Capitol steps. If youāre staying in town, Metro has released information regarding the change in transportation schedules ahead of the three-day weekend.
āMetro is prepared to move customers for Inauguration Day with additional train service and earlier hours,ā WAMATA announced. āPer the request of the United States Secret Service and the United States Capitol Police, Metrorail will open at 4 a.m. on Monday, Jan. 20 to accommodate the crowds. Five stations will be closed, and trains will bypass these stations for security reasons from Sunday, Jan. 19 at 8 p.m. until 5 a.m. on Tuesday, Jan. 21: McPherson Square (Blue, Orange, Silver lines), Federal Triangle (Blue, Orange, Silver lines), Smithsonian (Blue, Orange, Silver lines), Mt. Vernon Sq.-Convention Center (Green, Yellow lines), Archives-Navy Memorial (Green, Yellow lines).ā
For more information on public transportation in Washington ahead of the holiday weekend, visit inauguration.dc.gov/ or wmata.com/service/inauguration-2025.
District of Columbia
D.C. police demoted gay captain for taking parental leave: Lawsuit
Department accused of engaging in āeffort to harass, retaliateā
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. Constitutionās Equal Protection Clause by refusing to allow him to return to his position as director of the departmentās School Safety Division upon his return from parental leave.
The lawsuit states that he received full permission to take parental leave from his supervisor. Hrebenakās attorney, Scott Lempert, with the D.C.-based legal group Center for Employment Justice, said Hrebenakās 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 Generalās Office also does not comment on ongoing litigation. āSo, no comment from us at this time,ā she told the Blade.
Hrebenakās lawsuit, filed in U.S. District Court for the District of Columbia, states that āstraightā 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 āoutstanding reviews and promotionsā 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 Crohnās Disease, which the lawsuit says is exacerbated by working late hours at night.
The lawsuit points out that Hrebenak disclosed he had Crohnās 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.
āWhen 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,ā Hrebenak told the Washington Blade in a statement.
āMy hope is by filing this lawsuit I can hold MPD and the D.C. Government accountable,ā he wrote. āI 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,ā he states, adding, āI want to take this action also so that fellow officers can enjoy their families without the fear of being unfairly treated.ā
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, āhe 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.ā
Watch Commander positions are typically given to lieutenants or newly promoted captains, the lawsuit says, and not to more senior captains like Hrebenak.
āPlaintiffās removal as Director of MPDās School Safety Division was a targeted, premeditated punishment for taking statutorily protected leave as a gay man,ā the lawsuit concludes. āThere was no operational need by MPD to remove Plaintiff as Director of MPDās School Safety Division, a position in which plaintiff very successfully served for years.ā
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 couldnāt 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 Wrightās actions toward Hrebenak.
The lawsuit adds that Hrebenakās transfer out of his earlier job to the night shift position āwas humiliating and viewed as punishment and a demotion by Plaintiff and his co-workers.ā
The lawsuit, which requests a trial by jury, says, āDefendantās actions were willful and in bad faith, causing Plaintiff to suffer lost wages and benefits, and severe physical, mental, and emotional anguish.ā
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, attorneyās fees, and court related costs.
Lempert, Hrebenakās 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 āin the wrongā on this case and should agree to a settlement if the judge calls for settlement negotiations.
āIf anyone should be demoted, it is whoever decided to punish Captain Hrebenak for exercising his parental rights,ā Rosendall told the Blade. āEqual protection means nothing if it is subject to arbitrary suspension at a supervisorās whim,ā he said.
āAdditionally, the rule of law is undermined when those sworn to enforce it act as if they are a law unto themselves,ā Rosendall said.
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