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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

Blade contributor, husband exchange vows in D.C.

Yariel Valdés and Kevin Vega held ceremony at Jefferson Memorial on March 23

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Kevin Vega and Yariel Valdés (Washington Blade photo by Michael K. Lavers)

Washington Blade contributor Yariel Valdés and his husband, Kevin Vega, exchanged vows at the Jefferson Memorial on March 23.

The couple married in Fort Lauderdale, Fla., on Nov. 24, 2025. The Jefferson Memorial ceremony — which Blade International News Editor Michael K. Lavers and Samy Nemir Olivares officiated — coincided with the third anniversary of Yariel and Kevin’s first date.

Yariel in 2019 asked for asylum in the U.S. because of the persecution he suffered as a journalist in his native Cuba. He spent nearly a year in U.S. Immigration and Customs Enforcement custody before his release on March 4, 2020.

Yariel wrote a series of articles about his time in ICE custody that the Blade published. The series was nominated for a GLAAD Media Award in 2022.

Yariel and Kevin live in South Florida.

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District of Columbia

‘Out for McDuffie’ event held at D.C. gay bar

Mayoral candidate cites record of longtime support for LGBTQ rights

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D.C. mayoral candidate Kenyan McDuffie held a meet and greet at Number 9 last week. (Washington Blade photo by Lou Chibbaro, Jr.)

More than 100 people filled the upstairs room of the D.C. gay bar Number 9 on Thursday night, March 26, to listen to D.C. mayoral candidate Kenyan McDuffie at an event promoted as an “Out for McDuffie”  meet and greet session.

Several local LGBTQ activists who attended the event said they support McDuffie, a former D.C. Council member, in his run for mayor while others said they had not yet decided whom to vote for in the June 16 D.C. Democratic primary election.

As of March 27, eight other Democrats were competing against McDuffy in the June 16 primary, including D.C. Council member Janeese Lewis George (D-Ward 4), considered McDuffie’s lead opponent. Lewis George also has a record of strong support on LGBTQ issues.  

Most political observers consider McDuffie and Lewis George the two lead candidates in the race, with the others having far less name recognition.

The two lead organizers of the Out for McDuffie event were LGBTQ rights advocates Courtney Snowden, a former D.C. deputy mayor in the administration of Mayor Muriel Bowser, and Cesar Toledo, a local LGBTQ youth housing services advocate.

“I’m a candidate for mayor of Washington, D.C. and I’m running for mayor because I love this city,” McDuffie told the gathering after being introduced by Snowden. “And now more than ever we need leadership to take us to the future,” he said, adding that he and his administration would “stand up and fight” against President Donald Trump’s efforts to intervene in local D.C. affairs. 

“Our strength is in the 700,000 beautifully diverse residents of Washington, D.C.” he told the gathering. “And as Courtney said, I didn’t just show up and run for mayor and then start saying that I’m going to be an ally for the queer community, for the LGBTQ+ community,” he said, “I’ve lived my entire professional life fighting for justice and fighting for fairness.”

Following  his speech, McDuffie told the Washington Blade, “We’re going to fight to protect our LGBTQ+ community every single day. That’s what I’ve spent my career doing, making sure we have a beautifully diverse and inclusive city.”

He remained at Number 9, located at 1435 P St., N.W., for nearly an hour after he spoke, chatting with attendees.      

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District of Columbia

‘No Kings’ protests set for D.C.

Anti-Trump demonstrations to take place across country on Saturday

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A 'No Kings' protest took place in D.C. on Oct. 18, 2025. (Washington Blade photo by Michael Key)

As President Donald Trump and his administration escalate rhetoric targeting transgender youth and student athletes, push efforts to restrict voting access for millions of Americans, and pursue foreign policy decisions that critics say bypass congressional authority, organizers across the country are once again mobilizing in protest.

For many LGBTQ advocates, the moment feels especially urgent.

In recent months, activists have pointed to a surge in anti-trans legislation, attacks on gender-affirming care, and efforts to roll back nondiscrimination protections as direct threats to the safety and visibility of queer and trans communities. Organizers say the demonstrations are not just about policy, but about defending the right of LGBTQ people — particularly trans youth and people of color — to live openly and safely.

Thousands of “No Kings” protests are planned nationwide, with multiple demonstrations set to take place in D.C.

One of the primary events, “No Kings Washington,” will be held in Anacostia, an overwhelmingly Black area of D.C. that is often at the center of conversations around racial justice, policing, and access to resources in the nation’s capital.

The protest in Anacostia is focused on what organizers describe as the “power behind the throne,” specifically Stephen Miller, the White House Deputy Chief of Staff for Policy and Homeland Security Advisor. Miller has been closely associated with the administration’s “zero tolerance” immigration policy, including the family separation practice that resulted in thousands of children being separated from their parents at the Southern border.

Activists have also linked immigration enforcement policies to broader concerns about LGBTQ migrants, including queer asylum seekers who often face heightened risks of violence and discrimination both in their home countries and within detention systems.

Anacostia protest details:

Participants are asked to gather starting at 1:30 p.m. on the southeast side of the Frederick Douglass Bridge. The closest Metro station is Anacostia on the Green Line, about an 8-minute walk from the starting point. Organizers strongly encourage attendees to use public transportation, as street parking is limited.

The march will proceed past Fort McNair and conclude near the Waterfront Metro station.

D.C. icon and LGBTQ activist Rayceen Pendarvis is set to speak at the protest around 2 p.m.

Kalorama protest details:

A separate protest will take place earlier in the day in Kalorama, a neighborhood long associated with political power and home to presidents, cabinet officials, and foreign ambassadors. Demonstrators are expected to gather at 10 a.m., with a march running until approximately noon near the intersection of Connecticut Avenue and Kalorama Road.

Arlington/National Mall protest details:

Another group is expected to assemble at Memorial Circle near Arlington National Cemetery at 10 a.m. before crossing the Memorial Bridge into D.C., passing the Lincoln Memorial and continuing on to the Washington Monument. Organizers say the march is intended to defend “American democracy, the rule of law, and a healthy planet.”

Unlike last June — when organizers discouraged large-scale demonstrations in D.C. due Trump’s military/birthday parade — activists are now explicitly calling on people to show up in the nation’s capital and surrounding areas.

The protests also coincide with Transgender Day of Visibility weekend, which includes additional gatherings and celebrations on the National Mall. At the same time, peak bloom for the National Cherry Blossom Festival is expected to draw large crowds to the city. With multiple major events happening simultaneously, officials and organizers anticipate significant congestion, increased traffic, and crowded public transit throughout the weekend.

Organizers are urging participants to plan ahead and come prepared.

“Bring your signs, noisemakers, music, and creative ideas, and gather in joyful, nonviolent protest,” they said. “Children are very welcome.”

For more information, visit nokings.org.

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