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U.S. Attorney challenges use of civil rights law

Government defends Library of Congress in firing of gay employee

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Peter TerVeer, gay news, gay politics dc

Peter TerVeer (Blade photo by Michael Key)

The United States Attorney for the District of Columbia filed court papers on Dec. 17 arguing that a gay man, who sued the Library of Congress for firing him because of his sexual orientation, failed to show he’s entitled to protection under Title VII of the U.S. Civil Rights Act of 1964.

The court filing by U.S. Attorney Ronald C. Machen Jr., who was appointed by President Obama, places the Obama administration in the awkward position of opposing a gay discrimination claim under Title VII.

In a lawsuit filed against the Library of Congress in August 2012, former management analyst Peter TerVeer, 30, says he was fired from his job after being harassed and humiliated for more than a year by a supervisor who repeatedly quoted biblical passages condemning homosexuality.

The lawsuit charges that although TerVeer was targeted because he’s gay, he suffered employment discrimination and harassment based on his gender, gender stereotyping and his religious beliefs, which he says didn’t conform to those of supervisor John Mech.

Title VII of the famed 1964 Civil Rights Act bans discrimination based on race, religion, ethnicity, gender and, according to recent court rulings, gender identity, but not sexual orientation by itself.

According to the lawsuit, TerVeer and Mech had a cordial working relationship from the time TerVeer was hired in February 2008 as a management analyst in the library’s Auditing Division. It says TerVeer received high performance ratings and two promotions between 2008 and 2010.

The lawsuit says Mech allegedly became hostile and unfairly critical of TerVeer’s work performance and created an unbearably hostile work environment after Mech learned TerVeer was gay.

The government’s filing of a motion to dismiss the case on legal and procedural grounds comes at a time when gay rights attorneys are seeking to persuade courts to treat anti-gay discrimination as a form of sex discrimination protected under Title VII.

“We believe that the allegations in the complaint are insufficient to substantiate a Title VII claim,” said Charles Miller, a spokesperson for the Justice Department’s Civil Division.

Miller pointed to an April 2012 ruling by the Library of Congress’s in-house equal employment opportunity division, which investigated TerVeer’s allegations of discrimination and harassment and dismissed an in-house complaint he filed in September 2011 on grounds that the allegations could not be substantiated.

“The Executive Branch is of course opposed to discrimination on the basis of sexual orientation, and this filing does not reflect any contrary policy,” Miller told the Blade.

But Christopher Brown of the D.C. law firm Ackerman Brown, which is representing TerVeer, said the government’s motion to dismiss the case “relies on legal precedent that excludes LGBT employees from protection under Title VII.”

Brown declined to comment further on the government’s arguments, saying TerVeer’s legal team prefers not to comment in detail on pending litigation.

Greg Nevins, supervising attorney for the gay litigation group Lambda Legal Defense and Education Fund, which is monitoring the TerVeer case, said the government’s motion to dismiss appears to be arguing that TerVeer did not present sufficient evidence to show that his supervisor targeted him for discrimination because TerVeer displayed mannerisms or behavior of a stereotypical gay man, which some might view as being effeminate.

“I think what the U.S. Attorney is saying here is a masculine gay man or a feminine lesbian would not be covered under Title VII,” Nevins said. “Some court rulings have essentially said Title VII does not apply to sexual orientation.”

In a landmark ruling last April, the U.S. Equal Employment Opportunity Commission declared that transgender people are protected against job discrimination under Title VII because bias against their gender identity is equivalent to sex discrimination. The EEOC ruling followed several appeals court decisions holding that transgender people were protected under Title VII.

Lambda Legal and other LGBT advocacy organizations say they hope to persuade courts that gay men and lesbians enjoy Title VII protections. They argue that sexual orientation discrimination is also linked to gender role stereotyping and bias, regardless of whether the victim is perceived as masculine or feminine.

TerVeer’s lawsuit says he also was targeted for retaliation after he filed his discrimination complaint with the library’s in-house EEO office, which is known as the Office of Opportunity, Inclusiveness and Compliance.

“Plaintiff’s discrimination and retaliation claims fall short,” Machen and two other government attorneys argue in their Dec. 17 motion seeking to dismiss the case, which was filed in U.S. District Court for the District of Columbia.

“Plaintiff alleges that he was subject to harassment after his employer learned that he was gay, and he presents his claim as one of non-conformity with sex stereotypes,” the motion to dismiss says. “But the detailed allegations in the complaint do not provide what courts have held is required to show that sex stereotyping was the cause of his employer’s actions.”

The motion to dismiss adds, “[C]ourts have generally required plaintiffs to set forth specific allegations regarding the particular ways in which an employee failed to conform to such stereotypes — generally relating to an employee’s behavior, demeanor or appearance in the workplace — and allegations to support the claim that this non-conformity negatively influenced the employer’s decision … In this case, however, plaintiff fails to offer anything more than the conclusory statement that, as a result of his sexual orientation, ‘he did not conform to the defendant’s gender stereotypes associated with men under Mech’s supervision.’”

One civil rights attorney familiar with the case, who spoke on condition of anonymity, said the U.S. Attorney’s office was fulfilling its role in defending its client — the Library of Congress — and should not be faulted for arguing against TerVeer’s attempt to invoke protection from Title VII.

“The government’s argument that the complainant fails to allege sufficient facts to state a claim … are typical arguments that they’d make equally if the plaintiff were female or black rather than gay,” the attorney said.

The government’s motion to dismiss the case is based mostly on procedural and legal grounds rather than on the merits of TerVeer’s specific allegations of discrimination and retaliation.

The government’s motion cites legal and procedural grounds to seek the dismissal of a separate claim in the lawsuit that the firing violated TerVeer’s Fifth Amendment constitutional right to due process and equal protection under the law.

In addition, it cites procedural grounds to call on the court to dismiss separate claims in the lawsuit that the library violated the Library of Congress Act, which bans discrimination based on factors unrelated to an employee’s ability to perform his or her job; and an internal library policy banning sexual orientation discrimination.

Library investigation finds no substantiation of discrimination

The motion to dismiss releases publicly for the first time the April 26, 2012 ruling by the library’s Office of Opportunity, Inclusiveness and Compliance (OIC) that rejects TerVeer’s allegations on grounds that they could not be substantiated or proven.

The 14-page ruling by the OIC, which was filed in court by the U.S. Attorney’s office as “Exhibit D,” was based on an in-house library investigation into a discrimination complaint filed by TerVeer on Nov. 9, 2011, according to OIC acting supervisor Vicki Magnus.

Magnus discusses the findings in an April 26 letter to Brown, TerVeer’s attorney, which the U.S. Attorney’s office submitted in court as part of Exhibit D.

“Based on the available evidence, the Office of Opportunity, Inclusiveness and Compliance (OIC) does not find sufficient evidence to support Complainant’s allegations that he was discriminated against based on religion, sex, and reprisal, and that he was subjected to sexual harassment and a hostile work environment in his meetings with supervisors regarding performance and in actions taken by supervisors regarding his performance,” Magnus said in her letter.

In what potentially could be damaging to TerVeer’s lawsuit, Magnus notes that the OIC investigation into TerVeer’s discrimination and retaliation complaint included interviews of and testimony by five of TerVeer’s co-workers. Each of the five testified that they personally observed less than satisfactory work performance by TerVeer, according to the OIC ruling.

In his complaint, TerVeer accuses his immediate supervisor, John Mech, and a higher level supervisor, Nicholas Christopher, of giving him a lower job performance rating based on anti-gay bias.

The five co-workers, “each of whom personally observed complainant’s performance, fully support the reasons presented by management justifying their decision to issue complainant poor performance ratings and to deny complainant a [performance based salary increase].”

Brown, TerVeer’s attorney, declined to comment on the OIC ruling or its potential impact on the lawsuit.

The library’s official reason for firing TerVeer was his failure to report to work after a leave of absence he requested and received permission to take had expired. TerVeer told reporters in a news conference in April that his doctor and therapist urged him to take a leave from work after the hostile work environment he said Mech created caused him to suffer severe emotional distress.

He said the library refused to grant his request to be transferred to another office under another supervisor, making it impossible for him to return to work.

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District of Columbia

Dr. Fauci receives Harvey Milk Award, reflects on legacy of love and public health

The legendary public health leader was honored by a D.C. LGBTQ synagogue for his lifetime of compassionate service and advocacy.

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Dr. Anthony Fauci (Washington Blade file photo by Lou Chibbaro, Jr.)

A buzz of anticipation filled Cafritz Hall on Wednesday evening. Though a few seats remained empty, the atmosphere suggested a pop star might be moments from taking the stage. But the spotlight wasn’t reserved for a chart-topping performer—it was focused on a different kind of icon.

Dr. Anthony Fauci, the former director of the National Institute of Allergy and Infectious Diseases (NIAID), stepped forward to receive the Harvey Milk Chesed Award—an honor recognizing compassion, courage, and a lifetime of public service.

The Harvey Milk Chesed Award was established by Bet Mishpachah in 1998 in honor of civil rights leader Harvey Milk. Milk, a member of the San Francisco Board of Supervisors and one of the first openly gay elected officials in the United States, was assassinated in 1978 following his public advocacy for LGBTQ rights. Bet Mishpachah gives out the award annually to an individual who has made “outstanding contributions to the LGBTQ+ and Jewish communities that exemplify the virtue of chesed, or ‘lovingkindness.’”

The program began promptly at 7 p.m. at Bet Mishpachah, Washington’s LGBTQ egalitarian synagogue, and featured a diverse lineup of speakers, including rabbis, physicians, professors, synagogue members, and past recipients of the Harvey Milk Chesed Award. While each speaker highlighted different facets of Dr. Fauci’s career – from his leadership during public health crises to his engagement with Jewish and LGBTQ communities- a unifying theme emerged: his unwavering commitment to doing what’s right, even in the face of political opposition, including from presidents.

Fauci, who was director of the NIAID from 1984 to 2022, was at the forefront of understanding and combating some of the deadliest diseases known to humanity, including tuberculosis, Zika, and HIV/AIDS. As the HIV/AIDS epidemic escalated and frustration with federal inaction mounted, Fauci took an unconventional step for a high-ranking public health official: He began engaging directly with the activists demanding change. That simple act of listening, he later explained, shaped his understanding of what patients truly needed — even when it meant defying the prevailing wisdom of the medical establishment.

“I developed long-term friendships with the activists,” Fauci said in a 2023 interview with PBS’ American Masters. “We were sort of like soldiers in the same war.”

This spirit of solidarity echoed throughout the night’s speakers, beginning with Barry Friedman, who delivered welcoming remarks to the crowd. Friedman began his introduction with a Hebrew phrase that, at first glance, might not seem to align with a man devoted to the rigor of medical science. But as he explained, it was a phrase Fauci exemplified.

“Lo tukhal l’hitaleim,” Friedman read from his notes, explaining that this message was hailed in his youth as the “11th commandment” by his mother. “You must not remain indifferent,” he translated.

Fauci, Friedman explained, remained steadfast in the principles of medicine while also showing deep compassion for those living with HIV and AIDS. He advocated for changes to drug trial protocols—convincing researchers to allow patients to “parallel track” experimental treatments, even when doing so went against past medical norms. This shift helped extend lives and alleviate symptoms in those most affected by the disease.

As the night continued, speaker after speaker reflected on the extraordinary achievements Fauci helped bring about—not just through scientific breakthroughs, but by listening to the people who were so often ignored. Fauci credited activists like Larry Kramer for ensuring the needs of HIV/AIDS patients could not be overlooked.

One of those speakers, Jeff Levi, an emeritus professor at the Milken Institute School of Public Health at George Washington University, former deputy director of the White House Office of National AIDS Policy, and a close friend of Fauci, led a panel discussion where the two expanded on stories from Fauci’s 2024 bestselling book “On Call: A Doctor’s Journey in Public Service.” During the panel, Fauci reflected on how his Jesuit Catholic upbringing helped shape a moral compass that transcended religious, cultural, and political boundaries in his public health work, and how he was able to navigate such a difficult time in medical history.

While it’s nearly impossible to calculate how many lives Fauci has helped save, the numbers point to an extraordinary legacy. Millions of LGBTQ people owe their survival in part to his efforts to understand how HIV spread, how it progressed, and how its symptoms could be mitigated. In addition, more than 25 million people worldwide- mostly in sub-Saharan Africa- have benefited from PEPFAR, the President’s Emergency Plan for AIDS Relief, which Fauci played a key role in creating.

Following the panel, Fauci took questions from the audience, reflecting on both his legacy and the enduring power of public advocacy.

“The gay community wasn’t afraid to speak up in the 1980s,” he told one audience member, who asked about the parallels between HIV/AIDS and the COVID-19 pandemic, and what people could do now to offset some of the… less than factual ‘information’ being presented as truth from the Trump administration. “And we can’t be afraid to speak up now.”

When asked what message he hopes young LGBTQ doctors will take from his life’s work, Fauci paused, then offered a heartfelt answer. “I don’t want to sound too melodramatic, but we need to love each other.”

As the crowd filtered out of the hall and only a handful of Fauci admirers lingered in line for a signed book, the Blade caught up with the evening’s honoree. Asked how it felt to receive the Harvey Milk Chesed Award, Fauci’s response was characteristically humble.

“It was a terrific honor to be given an award by this community,” he said with a warm smile—an understated close to an evening that celebrated a lifetime of extraordinary impact.

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Comings & Goings

SC Nealy joins Equality Arlington board; Lee Ann Wilkinson Group scores another #1 ranking

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Lee Ann Wilkinson

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to The Lee Ann Wilkinson Group, which retained its #1 ranking in sales production at Berkshire Hathaway HomeServices Worldwide, for the second consecutive year. 

 “Last year when we achieved #1, I was truly shocked,” said Lee Ann Wilkinson. “I never thought our little piece of paradise here in southern Delaware could compete with the larger states and more expensive markets. Achieving this level of recognition on an international scale for a second year is surreal. I couldn’t be prouder of my dedicated team, whose hard work and commitment to exceptional service make achievements like this possible. We are fortunate to do what we love, and to see our efforts recognized at this level is an honor. It’s amazing to reflect on four decades of serving our clients, whose loyalty and support have made this journey so special.”

SC Nealy

Congratulations also to SC Nealy, LPC, on becoming a new board member of Equality Arlington. Nealy said, “I have always been passionate about creating more accessible and queer celebratory mental health care for the LGBTQIA2S+ community in the DMV area, and I’m excited to work with Equality Arlington to keep working toward that goal and many others for our community here.”

Nealy has more than 15 years in the mental health field. They are a queer, gender fluid psychotherapist, clinical supervisor, and group practice owner in Arlington, Va. Nealy operates a team of all gay and trans-identifying therapists with the focus of bringing clinicians with lived experiences to the queer community and their families. They also work locally and nationally to advocate for queer rights, accessible mental health care, and bringing more awareness to the needs of the queer community. Their upcoming book published by Bloomsbury Academics, “Healing Sacred Wounds,” focuses on providing a guide map for processing and exploring their experiences in religious or spiritual trauma. As a therapist, Nealy specializes in religious trauma, female and genderfluid-identifying couples counseling, mixed orientation marriages, complex-PTSD, Borderline Personality Disorder, interpersonal process group therapy, and non-faith based premarital counseling. In their personal life, they are a parent to two children, happily partnered, and write romance novels for fun. Nealy received the 2024 Humanitarian and Caring Person of the Year Award, Virginia Counselors Association. 

Nealy earned a bachelor’s degree with honors in psychology from Marymount University, a master’s in clinical and mental health counseling from Marymount; and a master’s in forensic psychology, also from Marymount.

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District of Columbia

Mayor joins ribbon-cutting for opening of D.C. LGBTQ seniors home

Mary’s House for Older Adults operates facility for 15 senior

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Mary’s House is located at 401 Anacostia Rd., S.E. in the city’s Fort Dupont neighborhood. (Washington Blade photo by Lou Chibbaro, Jr.)

Close to 100 people joined D.C. Mayor Muriel Bowser, two members of the D.C. Council, and other city officials for a ribbon-cutting ceremony marking the official opening of Mary’s House for Older Adults, the city’s first home dedicated to LGBTQ seniors.

Located at 401 Anacostia Rd., S.E. in the city’s Fort Dupont neighborhood, the three-story house includes 15 single-occupancy residential units and more than 5,000 square feet of communal living space.

Imani Woody, the Mary’s House President, CEO, and founder, said construction of the new house, which is located on the site of the house she grew up in, was completed in January and residents began moving in in March. She said there is now a waiting list for those interested in living there.

Bowser and Woody were among nine city officials and community leaders who spoke at the event in a large outdoor courtyard behind the house that’s part of Mary’s House grounds.

“You are providing housing,” Bowser told Woody in her remarks at the event. “You are providing a solution to the epidemic of loneliness. You are providing a vehicle for Washingtonians to stay in Washington,” the mayor said. “And you are showing that a woman with an idea who cannot be stopped can deliver for D.C.”

Bowser called Mary’s House a model for senior housing that she said could be brought to other parts of the city.

Woody thanked the mayor and the D.C. Council for providing city funding to support Mary’s House.

“This house is amazing,” she told the gathering. “It houses 15 people. But the concept is more than 15 people,” she said. “This is a place for residents of Washington, D.C., LGBTQ+ same-gender-loving to have a safe space.” 

Among the others participating in the event were Japer Bowles, director of the  Mayor’s Office of LGBTQ Affairs, and D.C. Council members Robert White (D-At-Large) and Wendell Felder (D-Ward 7).

Felder, who noted that Mary’s House is located in Ward 7, which he represents, called the ward a “welcoming community” that absolutely has welcomed Mary’s House.

“Mary’s House represents more than just bricks and mortar,” he told the gathering. “It’s a testament to what we can achieve when we commit to justice, inclusion and community. It recognizes that our elders, especially those in the LGBTQ+ and same-gender-loving communities, in a diverse space that honors their full identity and provides not only shelter but affirmation and belonging.”

Woody said each of the 15 individual units or suites at Mary’s House includes a sleeping area, living room, bathroom, and kitchenette with a sink, microwave and refrigerator but no stove. The Mary’s House website says the shared communal areas of the house include a “fully equipped kitchen, separate dining area and living room.”

It says the communal area also includes a computer room, arts and crafts room, an exercise room, laundry facilities, community meeting space, a “tranquil quiet room for relaxation,” and an outdoor terrace with seating.

Woody points out that Mary’s House, which is a nonprofit operation, is not an assisted living facility.

The website statement adds, “Through health and wellness programs, connections to community services, and advocacy efforts, Mary’s House for Older Adults endeavors to ensure that all elders, regardless of identity, can enjoy fulfilling and secure lives in their golden years.”

Further information about Mary’s House, including the availability of space to live, can be obtained at MarysHouseDC.org or at 240-972-2500.

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