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D.C. police demoted gay captain for taking parental leave: Lawsuit

Department accused of engaging in ‘effort to harass, retaliate’

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D.C. Police Captain Paul Hrebenak (right) embraces his husband, James Frasere, and the couple's son. (Courtesy photo)

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. Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.

The lawsuit states that he received full permission to take parental leave from his supervisor. Hrebenak’s attorney, Scott Lempert, with the D.C.-based legal group Center for Employment Justice, said Hrebenak’s 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 General’s Office also does not comment on ongoing litigation. “So, no comment from us at this time,” she told the Blade. 

Hrebenak’s lawsuit, filed in U.S. District Court for the District of Columbia, states that “straight” 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 “outstanding reviews and promotions” 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 Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.

The lawsuit points out that Hrebenak disclosed he had Crohn’s 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.  

“When 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,” Hrebenak told the Washington Blade in a statement.

“My hope is by filing this lawsuit I can hold MPD and the D.C. Government accountable,” he wrote. “I 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,” he states, adding, “I want to take this action also so that fellow officers can enjoy their families without the fear of being unfairly treated.”

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, “he 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.”

Watch Commander positions are typically given to lieutenants or newly promoted captains, the lawsuit says, and not to more senior captains like Hrebenak.

“Plaintiff’s removal as Director of MPD’s School Safety Division was a targeted, premeditated punishment for taking statutorily protected leave as a gay man,” the lawsuit concludes. “There was no operational need by MPD to remove Plaintiff as Director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years.”

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 couldn’t 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 Wright’s actions toward Hrebenak.

The lawsuit adds that Hrebenak’s transfer out of his earlier job to the night shift position “was humiliating and viewed as punishment and a demotion by Plaintiff and his co-workers.”

The lawsuit, which requests a trial by jury, says, “Defendant’s actions were willful and in bad faith, causing Plaintiff to suffer lost wages and benefits, and severe physical, mental, and emotional anguish.”

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, attorney’s fees, and court related costs.    

Lempert, Hrebenak’s 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 “in the wrong” on this case and should agree to a settlement if the judge calls for settlement negotiations.

“If anyone should be demoted, it is whoever decided to punish Captain Hrebenak for exercising his parental rights,” Rosendall told the Blade. “Equal protection means nothing if it is subject to arbitrary suspension at a supervisor’s whim,” he said.

“Additionally, the rule of law is undermined when those sworn to enforce it act as if they are a law unto themselves,” Rosendall said.

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District of Columbia

Mayor Bowser signs bill requiring insurers to cover PrEP

‘This is a win in the fight against HIV/AIDS’

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D.C. Mayor Muriel Bowser (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser on March 20 signed a bill approved by the D.C. Council that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

Like all legislation approved by the Council and signed by the mayor, the bill, called the PrEP D.C. Amendment Act, was sent to Capitol Hill for a required 30-day congressional review period before it takes effect as D.C. law.

Gay D.C. Council member Zachary Parker (D-Ward 5) last year introduced the bill.

Insurance coverage for PrEP drugs has been provided through coverage standards included in the Affordable Care Act, known as Obamacare. But AIDS advocacy organizations have called on states and D.C. to pass their own legislation requiring insurance coverage of PrEP as a safeguard in case federal policies are weakened or removed by the Trump administration, which has already reduced federal funding for HIV/AIDS-related programs.

Like legislation passed by other states, the PrEP D.C. Amendment Act requires insurers to cover all PrEP drugs approved by the U.S. Food and Drug Administration.

Studies have shown that PrEP drugs, which can be taken as pills or by injection just twice a year, are highly effective in preventing HIV infection.

“I think this is a win for our community,” Parker said after the D.C. Council voted unanimously to approve the bill on its first vote on the measure in February. “And this is a win in the fight against HIV/AIDS.”  

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District of Columbia

Blade editor to be inducted into D.C. Society of Professional Journalists Hall of Fame

Kevin Naff marks 24 years with publication this year

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Blade Editor Kevin Naff (Photo courtesy of Naff)

Longtime Washington Blade Editor Kevin Naff will be inducted into D.C.’s Society of Professional Journalists Hall of Fame in June, the group announced this week.

Hall of Fame honorees are chosen by the Society of Professional Journalists’ Washington, D.C., Pro Chapter. Naff and two other inductees — Seth Borenstein, a Washington-based national science writer for the AP and Cheryl W. Thompson, an award-winning correspondent for National Public Radio — will be celebrated at the chapter’s Dateline Awards dinner on Tuesday, June 9, at the National Press Club. The dinner’s emcee will be Kojo Nnamdi, host of WAMU radio’s weekly “Politics Hour.”

“I am tremendously honored by this recognition,” Naff said. “I have spent a lifetime in the D.C. area learning from so many talented journalists and am humbled to be considered in their company. Thank you to SPJ and to all the LGBTQ pioneers who came before me who made this possible.”

Naff joined the Blade in 2002 after years in print and digital journalism. He worked as a financial reporter for Reuters in New York before moving to Baltimore in 1996 to launch the Baltimore Sun’s website. He spent four years at the Sun before leaving for an internet startup and later joining the mobile data group at Verizon Wireless working on the first generation of mobile apps.

He then moved to the Blade and has served as the publication’s longest-tenured editor. In 2023, Naff published his first book, “How We Won the War for LGBTQ Equality — And How Our Enemies Could Take It All Away.”

Previous Hall of Fame inductees include luminaries in journalism like Wolf Blitzer, Benjamin Bradlee, Bob Woodward, Andrea Mitchell, and Edgar Allen Poe. The Blade’s senior news reporter Lou Chibbaro Jr. was inducted in 2015. 

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District of Columbia

As mayor’s race takes shape, candidates endorse LGBTQ equality

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Among at least 10 candidates for D.C. mayor, former Council member Kenyan McDuffie and current Council member Janeese Lewis George are viewed as frontrunners. (Washington Blade photos by Michael Key)

Like nearly all recent D.C. elections, LGBTQ voters will be choosing a candidate for mayor in 2026 from a list of mostly strong LGBTQ rights supporters in the city’s June 16 primary. 

As of March 30, the D.C. Board of Elections’ list of candidates who submitted the required number of petition signatures for the June 16 primary ballot included 10 mayoral candidates: nine Democrats and one Statehood Green Party candidate.

Among those candidates, six, all Democrats, have issued statements expressing strong support for LGBTQ rights, including the two leading Democratic contenders, former D.C. Council member Kenyan McDuffie and current Council member Janeese Lewis George, who represents Ward 4.

One of the lesser-known Democratic candidates who released an LGBTQ supportive statement, Rini Sampath, a cyber security consultant, told the Washington Blade she identifies as queer, becoming one of the first known LGBTQ D.C. mayoral candidates to gain access to a major party primary ballot.

“We’re living in an extremely diverse community, an extremely unique community,” she told the Blade. “And being able to self-label, self-identify as queer is something that I just want to take pride in.”

Similar to McDuffie and Lewis George, Sampath released statements to the Blade and the Capital Stonewall Democrats, the city’s largest LGBTQ local political group, expressing support for LGBTQ rights and outlining plans for LGBTQ supportive policies if elected mayor.

Although many D.C. LGBTQ activists have said they have yet to decide whom to support for mayor, those who have decided appear to be divided between McDuffie and Lewis George. Most D.C. political observers consider McDuffie and Lewis George to be the two leading candidates in the mayoral race. 

The other Democratic mayoral contenders who have released statements expressing support on LGBTQ issues include Gary Goodweather, a local real estate manager and developer who has been actively campaigning at LGBTQ events; Vincent Orange, a former At-Large and Ward 5 D.C. Council member; and Kathy Henderson, a longtime Ward 5 community activist and elected Advisory Neighborhood Commissioner.    

The remaining two Democratic mayoral candidates, Hope Solomon, a former U.S. Department of Homeland Security contractor and Dupont Circle civic activist; and Ernest Johnson, a real estate broker and Ward 1 community activist, did not respond to inquiries from the Blade and Capital Stonewall Democrats seeking information about their position on LGBTQ related issues.

Robert Gross, the Statehood Green Party candidate who is running unopposed in the June 16 primary, also didn’t respond to inquires from the Blade about his position on LGBTQ issues.

D.C. Board of Elections records show that at least five Republican candidates filed papers to run for mayor in the June 16 GOP primary, but none of them remained as candidates as of March 30, when the election board issued its updated candidate list.

Just one of the five Republican candidates replied to an email message from the Washington Blade sent to all mayoral candidates in early March seeking their position on LGBTQ issues. That candidate, Esa Muhammad, whose website identifies him as an engineer, consultant, and local business owner, sent a reply expressing opposition to LGBTQ rights.

“Unfortunately, I do not support LGBTQ because The God only created 2 genders (Adam/Eve),” he wrote. “Anyway, I will be fair to you all despite your sick way of looking at life,” he stated.

Capital Stonewall Democrats President Stevie McCarty said his group sent questionnaires to all the Democratic mayoral candidates as well as to Democrats running for other offices such as D.C. Council. Information posted on the group’s website shows only four of the mayoral candidates returned a complete questionnaire: McDuffie, Lewis George, Goodweather, and Sampath.  

Each of them provides detailed information of their plans for supporting LGBTQ policies if elected and their record of support on LGBTQ issues. McCarty said the questionnaire responses for all candidates that submitted them can be accessed at outvotedc.org.

He said Capital Stonewall Democrats will hold virtual LGBTQ forums in April, including a mayoral forum on April 8. He said the group’s members will vote on the candidate endorsements online from April 20 through May 11, and the group expects to announce its endorsements May 14.

GLAA DC, formerly known as the Gay and Lesbian Activists Alliance of Washington, has issued candidate ratings for most D.C. elections since the 1970s, and the nonpartisan LGBTQ group was expected to issue ratings for mayoral candidates this year. But like in recent years, the group is expected to base its ratings on mostly non-LGBTQ issues, with a progressive, left-leaning perspective, according to a nine-page “Back to Basics GLAA Policy Brief 2026” that the group released in March. 

The LGBTQ activists who are backing McDuffie or Lewis George appear to be gravitating to the two based on their political leanings separate from LGBTQ issues, just like voters in general. Lewis George, who identifies as a democratic socialist, is popular among LGBTQ and non-LGBTQ “progressives.” 

McDuffie, who is seen as a more moderate candidate along the lines of current D.C. Mayor Muriel Bowser, is being supported by LGBTQ activists who hold those views, some of whom currently work in the Bowser administration.

Among Lewis George’s LGBTQ supporters are longtime Ward 8 community leader Philip Pannell and former Capital Stonewall Democrats president Howard Garrett. Among the LGBTQ McDuffie backers are longtime D.C. Democratic activists John Fanning and David Meadows. 

Longtime D.C. LGBTQ Democratic Party activist Peter Rosenstein, who is supporting McDuffie, has raised concerns about Lewis George’s backing by the national group Democratic Socialists of America. In Facebook postings, Rosenstein points to the Democratic Socialists of America’s opposition to Israel as a country and said it is viewed by many in the Jewish community as promoting antisemitism. He has criticized Lewis George for not speaking out against that and for accepting the DSA’s endorsement.

In an interview with the Blade, Lewis George strongly disputed that assessment, saying she has been a strong ally and supporter of the Jewish community.

“I’m a member of the Metro DSA here in D.C. that I work with to fight for labor and for tenant rights,” she said. “I’m also a member of the Democratic Party,” she added, saying, “There are things that the Democratic Party does that I don’t agree with. There are things that the national DSA does that I don’t agree with. That’s a group that I work with.”  

“But I want to be clear that I am running for mayor to represent all of our community, and that includes our amazing and historical Jewish community here in D.C.,” she said. “I have had the amazing opportunity to spend time at synagogues and talking to Jewish leaders and groups and institutions. And so, there should be no worry here.”

Following are short excerpts from the detailed statements five of the nine Democratic mayoral candidates submitted to the Capital Stonewall Democrats or the Washington Blade.

Kenyan McDuffie: “As mayor, every piece of legislation I sign, craft, or endorse should also encompass the interest and input of the LGBTQ community members and advocates…From housing to health care and everything in between… We have a dire crisis regarding the rise in homelessness especially among the youth in our LGBTQ communities. In my administration that simply cannot be the status quo and will not be…I have been  a consistent champion for our LGBTQ community and will remain so as Mayor of D.C.’

Janeese Lewis George: “As mayor, I will protect our LGBTQ+ neighbors against federal attacks on their identity, including their health care…On the Council I have been a strong  supporter of pro-LGBTQ+ bills, including making D.C. a sanctuary for people seeking gender-affirming health care as well as addressing discrimination and harassment in nightlife and hospitality…And as mayor, I am prepared to move up and win those fights – a fight for D.C. statehood, a fight for our true economy, and a real opportunity to uplift our Black queer and trans youth.”

Gary Goodweather: “A Goodweather administration will defend every D.C. law protecting LGBTQ residents. I will establish a Defend DC office to coordinate the District’s legal and public response to federal overreach, with LGBTQ+ protections explicitly within its mandate…My affordable D.C. plan will produce 50,000 new homes with 36,000 affordable units, and I will ensure LGBTQ+ youth housing programs are funded as a budget priority.”

Rini Sampath: “I am an immigrant, proud queer woman, and a 10-year resident of Washington, D.C…For me, LGBTQ+ voters including transgender and nonbinary residents, are not a separate or symbolic constituency; they are a core part of a broader, multiracial, cross-ward coalition rooted in in equity and opportunity.”

Vincent Orange: “I have a long and consistent record of supporting LGBTQ+ equality and inclusion in the District of Columbia, grounded in both policy and personal commitment. As the District’s Democratic Committeeman from 2006 to 2015, I publicly supported marriage equality and voted accordingly … During my time on the D.C. Council, I worked to advance protections for LGBTQ+ residents, including authoring and passing legislation to prohibit discrimination against transgender individuals in the workplace.”

Kathy Henderson: Kathy Henderson has maintained a consistent record of treating all members of the community with dignity, compassion, and respect, regardless of gender, race, ethnicity, sexual orientation, identity, political party, national origin, or ideology. Kathy Henderson embraced the late Wanda Alston as a colleague and good friend…Alston was the first director of the Mayor’s Office of LGBTQ Affairs and Henderson helped to organize and facilitate the first LGBTQ citizens summit.”  

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