District of Columbia
Lawsuit charges D.C. Courts illegally fired trans man
Complaint says building technician subjected to abuse by supervisors
The D.C. Court of Appeals is currently deliberating over whether a 51-year-old transgender man who was fired in June 2019 from his job as a building maintenance technician at three buildings where the D.C. Superior Court and D.C. Court of Appeals are located has legal grounds to contest the firing, which he says was based on his gender identity.
In a little-noticed development, D.C. resident Dion Carter in June 2020 filed a lawsuit in D.C. Superior Court naming the D.C. government as the defendant in the case on procedural grounds, even though D.C. has no legal authority over the courts and was not responsible for more than eight years of discrimination and abusive treatment to which Carter was subjected on the job, according to Carterās attorney, Stephen Pershing.
At the request of the Office of the D.C. Attorney General, which is representing the DC Court system in the lawsuit, a D.C. Superior Court judge on Jan. 29, 2021, dismissed the lawsuit, also on procedural grounds, without addressing any of Carterās allegations of discrimination.
Superior Court Judge William M. Jackson stated in a three-page ruling that the D.C. Attorney Generalās Office correctly stated in a motion seeking the dismissal of the case that Carterās lawsuit failed to plead a viable cause of action on two grounds.
One of the grounds, the AGās office stated, is that the D.C. Courtsā Comprehensive Personnel Policy does not provide employees with a private right of action to seek monetary damages in a lawsuit related to discrimination.
The second ground that the D.C. AGās office cited, and the judge upheld, is that Carterās lawsuit was invalid because under court rules pertaining to the D.C. Courtsā personnel system, an internal administrative complaint alleging employment discrimination must be filed and carried out to completion before a lawsuit could be filed in court.
In a brief in support of Carterās lawsuit, Carterās attorney, Stephen Pershing, strongly disputes the AG officeās assertions, saying at least one Court of Appeals ruling indicated the D.C. Courtsā personnel policies legally āmirrorā the provisions of the D.C. Human Rights Act, which, among other things, prohibits discrimination based on gender identity and sexual orientation.
Pershing also argued in his court briefs that Carter did file an internal administrative complaint to contest his firing. But he stated that a high-level D.C. Courtsā official advised Carter that under the court systemās personnel rules, a ruling in Carterās favor could not result in monetary compensation for lost wages or other legal remedies that Carter called for in his complaint. The official advised Carter and Pershing to file the discrimination case in a lawsuit in court, the lawsuit says. This prompted Carter to withdraw his administrative complaint, a development that Pershing now says was based on misleading information provided by the D.C. Courtās official.
In February 2021, Pershing appealed the dismissal of the case before the D.C. Court of Appeals, requesting that the dismissal be reversed and the case be sent back to D.C. Superior Court, where the specific merits of the case could be argued and presented before a jury.
Since the filing of the appeal, Pershing and attorneys with the Office of the D.C. Attorney General have filed briefs under consideration by the Court of Appeals supporting and opposing the contention that the D.C. Courtsā personnel rules allow a remedy for Carterās discrimination claims.
Like the original lawsuit filed in Superior Court, Carterās appeal briefs filed by Pershing state that the alleged discrimination against Carter started shortly after Carter first began working in the court systemās building maintenance department in January 2010 as an out lesbian prior to his transition as a male.
At that time Carter already had 15 years of experience in the field of building maintenance technology and became the first woman to hold such as position at the D.C. Courts, the lawsuit says.
According to the lawsuit, the abusive and discriminatory treatment toward Carter increased dramatically in 2015 when Carter informed his then-supervisor Emanuel Allen that he would be taking a short period of leave to undergo gender reassignment surgery. Upon his return to work after the first of five gender reassignment surgical procedures that he has now completed, Carter presented for the first time at work as a male, the lawsuit says.
āFor the six months between Carterās Family Medical Leave Act notice and his surgery, Mr. Allen cut Mr. Carter out of all overtime duty, overtime that was mandatory for all building maintenance workers and that they considered desirable,ā the lawsuit says. It says that when Carter asked why Allen did this Allen refused to provide an answer and threatened to issue a poor work performance evaluation against Carter if he continued to question the overtime denial decision.
When Carter returned from his surgery and presented as male, the lawsuit charges, Allen repeatedly referred to Carter as āhe-sheā in the presence of fellow employees as well as high-level officials involved in the operation of the court system buildings. Carter viewed his treatment by Allen as a form of bullying and disrespect, the lawsuit states.
Over the next three years, according to the lawsuit, Carter was subjected to a hostile work environment by supervisors who, among other things, made false claims that Carter was not doing his job properly, was absent from work without permission, and was acting āaggressivelyā toward his supervisors or fellow employees. One supervisor blamed Carterās alleged hostile behavior on the testosterone treatment that Carter was undergoing as a routine part of his gender transition process, the lawsuit says.
The lawsuit alleges that Carter was ultimately fired āon a false pretextā allegedly fabricated by James Vaughn, the Chief Building Engineer and Acting Building Operations Manager of the D.C. Courts. The lawsuit and appeals court briefs say Vaughn accused Carter of consuming an alcoholic beverage at one of the court buildings where Carter was assigned to work on April 6, 2019.
Vaughn recommended to the court systemās acting director of capital projects and facilities management that Carter be terminated from his job on grounds of violating Personnel Policy No. 800, which prohibits consuming illegal drugs or alcohol on court property while on duty.
āThat allegation is factually untrue,ā the lawsuit states. āMr. Carter neither consumed nor was under the influence of alcohol while on site,ā it says.
āMr. Carterās termination was unjustified on any legitimate ground and was an act of unlawful discrimination on account of Mr. Carterās race, sex, sexual orientation and/or gender identity and expression, and in retaliation for his complaining to his superiors about his illicit mistreatment on these grounds,ā the lawsuit and the current appeals court briefs charge.
āThese acts and omissions caused Mr. Carter loss of employment, loss of pay and other benefits of employment, as well as anguish, intense hurt, humiliation, anger, sense of loss, disappointment, and emotional conflict between his desire for professional excellence and the torment inflicted on him merely for showing up every day, working, and working well, as an African American, as a lesbian, and as a transgender male,ā the lawsuit says.
āThe acts of one or more of Mr. Carterās superiors alleged in this complaint were motivated by actual malice and/or evil intent and were done with the intention to cause Mr. Carter pain, humiliation, anguish and torment, and as such warrant the imposition of punitive damages,ā the lawsuit concludes.
A spokesperson for the Office of the D.C. Attorney General said the office is preparing a statement in response to an inquiry from the Blade on Carterās discrimination allegations. (We will update this story when we receive the statement.) Among the names appearing on the AG officeās court briefs in the Carter lawsuit is D.C. Attorney General Karl Racine, who has expressed strong support for LGBTQ rights in the past.
Douglas Buchanan, a spokesperson for the D.C. Courts, said he would try to determine whether the court systemās building maintenance department would respond to a Blade request for comment on the Carter lawsuit and its allegations that high-level court officials in the maintenance department engaged in anti-transgender discrimination.
Pershing said he plans to file a separate lawsuit on Carterās behalf in the U.S. District Court for the District of Columbia claiming the discrimination Carter faced violated his constitutional rights. He said he is hopeful that the D.C. Court of Appeals will rule in Carterās favor, but a backlog in cases will likely mean a ruling would not take place before June of this year.
Under federal court rules, Carter must file his federal discrimination lawsuit in the U.S. District Court within three years from the time he was fired from his job in June of 2019.
Congress created the D.C. court system as a federal entity shortly before it created D.C.ās home rule government in the early 1970s. The U.S. president nominates, and the U.S. Senate confirms all judges. The D.C. Council and mayor have no control over the court system, with Congress funding the system. The system is run by a Joint Committee on Judicial Administration consisting of five judges and a secretary who serves as the executive officer.
Previous D.C. Court of Appeals rulings have held that the D.C. government rather than the D.C. Courts’ system itself must be named as the defendant in lawsuits seeking redress from the D.C. Courts.
District of Columbia
D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions
LGBTQ entertainment, advocacy organization praised for āvital workā
D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.
āWhereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,ā the proclamation states.
The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for āBlack LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.ā
It also praises Team Rayceen Productions for its partnership with the Mayorās Office of LGBTQ Affairs in helping to produce āexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā
āWhereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,ā the proclamation continues.
āNow, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,ā it concludes.
āWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā Team Rayceen Productions says in a statement. āStarting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayorās Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationās Capital,ā the statement says.
“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade ā as online co-hosts, event staff, performers, DJs, photographers, and more,ā says the statement.
District of Columbia
GLSEN to āRise Upā in support of LGBTQ youth
Fundraiser planned for March 14 in D.C.
The LGBTQ youth advocacy organization GLSEN is hosting its annual Rise Up fundraiser in D.C. this Thursday.
The organization has worked for more than 30 years to support students and educators to ensure that educational spaces are safe for LGBTQ people.
āGLSEN really believes that every student should have the right to a safe and affirming education,ā said Michael Chavez, director of events and experiences for GLSEN.
The Human Rights Campaign reported in May 2023 that more than 500 anti-LGBTQ were introduced in state legislatures.
In addition, 15 laws were enacted banning gender affirming care for transgender youth.
āOur stance at GLSEN is we know that education is the bedrock of democracy,ā said Chavez.
He continued to explain that in order to protect education, GLSENās supporters need to get out and vote.
āMaking sure everyone is aware of how critical this year is and the importance of getting out the vote, not just on the national level,ā said Chavez. āExtremely local areas like their school boards and participating in what’s happening in their own communities is really important,ā he said.
Chavez admitted that this task can feel overwhelming, but that prioritizing the safety of education for LGBTQ students is an ever guiding light.
This is why, he said, GLSEN is excited to bring Rise Up to D.C.
The event will be hosted by Pulitzer Prize-winning journalist, Jonathan Capehart. GLSEN will also honor RocĆo InclĆ”n with the Trailblazer for Justice Award.
āWe want to highlight our allies who are doing the work in legislative worlds. Our policy makers, our champions,ā said Chavez.
This event comes just weeks after non-binary student, Nex Benedict, died after being beaten by three older students. Their family believes that Benedict had been targeted and bullied for identifying as non-binary.
Chavez said it is important ānow more than everā to rise up in support of LGBTQ youth.
Rise Up will be held at the Hotel Washington with aĀ cocktail reception and awards program at 6 p.m. If supporters cannot attend the event, there are multiple ways to take action available on the GLSEN website.Ā
District of Columbia
Judge releases Ruby Corado seven days after arrest
Former Casa Ruby director charged with fraud, money laundering
A federal judge on Tuesday ordered the release of Ruby Corado, founder and former executive director of Casa Ruby, into the custody of her niece in Rockville, Md., after agreeing with arguments by Coradoās defense attorney that she is not at high risk of fleeing to El Salvador.
The decision by U.S. District Court Magistrate Judge Robin M. Meriweather to order Coradoās release at 9 a.m. on Wednesday, March 13, came seven days after the FBI arrested Corado shortly after she returned to the U.S. from El Salvador. She has been charged with bank fraud, wire fraud and money laundering, among other charges, related to allegations that she embezzled at least $150,000 from Casa Ruby that the LGBTQ community services group had obtained from federal COVID-19 relief programs.
Corado had been held in jail since the time of her arrest on March 5. She appeared before Meriweather last Friday, March 8, for a detention hearing in which the judge said she was not ready to rule on whether Corado should continue to be held until the time of her trial or released.
Meriweather scheduled a second detention hearing on Tuesday, March 12, to give Coradoās defense attorney more time to submit a release proposal, which was expected to call for Corado to be released into the custody of a family member that would include conditions assuring that Corado would not be a flight risk.
The niece to whom Corado will be released, Jessica Dieguez, told the court Corado would be staying at her and her husbandās home in Rockville. After being called by the judge to the witness stand to testify, Dieguez said she would do her best to ensure that Corado complies with the terms of her release, which the judge said consists of home detention. The release terms require that while she awaits her trial, Corado must remain at Dieguezās home except for court appearances or medical related visits to a health care facility.
āDefendant is to be released on 3/13/2024 to a 3rd party custodian,ā the court docket for the Corado case states.Ā āDefendant and custodian sworn to conditions of release,ā it states. The judge said Corado will be placed on GPS monitoring and will not have access to her passport.
The docket shows Coradoās next court appearance for a status hearing is scheduled for April 12 at 1 p.m. before another judge, Magistrate Judge Zia M. Faruqui.
āThe government has failed to set forth sufficient facts to find that Ms. Corado is a serious risk of flight,ā Federal Public Defender Service attorney Diane Shrewsbury stated in an amended motion in support of Coradoās pretrial release. āMs. Corado asks the court to find that there are conditions that will reasonably ensure her appearance and ensure the safety of the community and to release her under those conditions,ā Shrewsbury stated in her court memorandum.
Meriweatherās decision came after prosecutors with the Office of the U.S. Attorney for D.C. called on the judge to order Corado held in custody until the time of her trial on grounds that she would be a flight risk. Assistant U.S. Attorney John Borchert, the lead prosecutor in the case, stated in oral arguments on March 8 and in a 12-page Memorandum in Support of Pretrial Detention, which he later updated, that Corado poses āa unique and serious flight risk.ā
Among other things, he said Corado fled to El Salvador in 2022 shortly before Casa Ruby shut down its operations, after news media reports surfaced that Corado was under investigation for financial improprieties at Casa Ruby that led to its shutdown. He also pointed to a criminal complaint and arrest affidavit charging Corado with Bank Fraud, Wire Fraud, Laundering of Monetary Instruments, and Failure to File Report of Foreign Bank Account ā all related to allegations that she embezzled funds from Casa Ruby that came from at least two federal COVID pandemic relief programs.
āWithout question, the offenses described in the complaint are serious and carry substantial penalties,ā Borchert states in his memo in support of pretrial detention. āThe amount of federal money stolen by the defendant ā at least $150,000 ā and deposited into her personal bank accounts in El Salvador is both substantial and troubling, particularly given that these funds were intended for the benefit of District youth in need of housing and other services,ā he said, referring to Casa Rubyās longstanding programs in support of LGBTQ youth.
Shrewsbury argued that a preponderance of factors shows that Corado would not be a flight risk. The attorney disclosed that Corado returned to the U.S. from El Salvador in February 2024 to remain in the D.C. area permanently after having lived in the D.C. area for 35 years. She said Corado went to El Salvador in 2022 to start an international arm of Casa Ruby and did not go there to flee from law enforcement.
āShe was prepared to resume her life in the United States when she returned in February,ā Shrewsbury states in her court memo. āAt the time of her arrest, Ms. Corado did not have a return ticket to go back to El Salvador,ā she said. āShe was in the process of securing a new job in the United States. Additionally, Ms. Corado has significant family and friends in the D.C. area, including her sisters, her father, her sister-in-law and numerous friends,ā the pre-trial release memo continues.
āShe is married to a U.S. citizen, who grew up in the D.C. area and continues to have family here,ā the memo says. āIn approximately 2007, Ms. Corado received legal permanent resident statusā in the U.S., it says, further confirming her intention of remaining in the U.S. Shrewsbury said at the time of her arrest, Coradoās passport from El Salvador was confiscated, further ensuring that she would not flee to another country if released.
The attorney also argued that Coradoās status as a transgender woman placed her in danger of possible sexual assault at the D.C. Jail, where she was placed in protective custody in the male housing section of the jail.
Shrewsburyās motion and memo calling for Coradoās release, first filed in court on March 8, used the male pronouns ofĀ āhe,ā āhimā andĀ āhisā in four separate pages of the memo to identify Corado. Court records show that on Monday, March 11, one day before the follow-up detention hearing, Shrewsbury filed a second amended version of the memorandum that changed the misgendered pronouns to female pronouns.
After the court hearing on Tuesday, Shrewsbury told the Washington Blade the misgendered pronouns were typographic mistakes as she wrote her motion late at night. She said she was sorry about the mistake, which she said was quickly corrected with the updated document.
Corado, who was escorted into court at both hearings wearing an orange prison jump suit, did not speak at the hearings.
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