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Library of Congress staffer fired, claims anti-gay bias

Says he was outed on Facebook, ‘stalked’ by superior at D.C. gay bar

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Peter TerVeer, gay news, gay politics dc

Peter TerVeer, 30, was fired last week from his job at the Library of Congress and claims his former boss cited biblical passages condemning homosexuality.

A gay man has charged in a discrimination complaint that he was fired last week from his job at the Library of Congress after being harassed and humiliated for more than a year by a supervisor who repeatedly cited passages from the Bible condemning homosexuality.

Peter TerVeer, 30, a management analyst at the Library of Congress’s Office of the Inspector General since 2008, says in his complaint that supervisor John R. Mech created a hostile work environment for him to such a degree that he suffered severe stress, forcing him to take disability leave last fall and earlier this year.

“I contend that I have been subjected to a hostile work environment by Mr. Mech since August 2009 on the basis of my sex (male), sexual orientation (homosexual), and religion (non-denominational Christian/Agnostic),” TerVeer states in an affidavit accompanying his complaint.

“I maintain that Mr. Mech has acted to impose his religious beliefs on me,” TerVeer says in the affidavit.

TerVeer’s attorney, Thomas Simeone, said he will likely file a discrimination related lawsuit against the library on TerVeer’s behalf regardless of how the federal Equal Employment Opportunity Commission (EEOC), which is deliberating over the complaint, rules on the matter.

Gayle Osterberg, director of communications for the Library of Congress, said TerVeer’s complaint is considered a personnel matter and the library never comments on personnel-related issues pertaining to an individual employee.

She said that under library rules, neither John Mech, an accountant and lead auditor for the library’s Office of The Inspector General, nor any other library employee familiar with TerVeer’s case would be permitted to comment on the case.

Simeone said a key factor in the case is that library officials promoted TerVeer three times and praised his work and that negative job performance reviews suddenly began after Mech learned TerVeer was gay.

Asked about a policy adopted by the Library of Congress in the 1990s prohibiting employment discrimination based on sexual orientation, Osterberg declined to confirm whether such a policy is still in effect.

“We adhere to Title 7, period,” she said, referring to a provision in existing U.S. civil rights law that bans job discrimination based on race, religion, national origin, sex and other criteria but not on sexual orientation.

An internal “Librarian’s Policy Statement Regarding Non-Discrimination” issued to Library of Congress Employees on May 6, 2010, reiterates the 1990s-era statement pertaining to sexual orientation discrimination.

“Discrimination on the basis of race, color, religion, sex (including sexual harassment), national origin, age, disability, sexual orientation, gender identity, and/or political affiliation will not be tolerated,” the statement says.

Osterberg declined to disclose whether that and previous sexual orientation non-discrimination statements were still in effect.

TerVeer’s complaint, filed with the EEOC, follows a September 2008 federal court decision finding that the Library of Congress violated federal law against sex discrimination by denying a job to a transgender woman.

In that case, the library had determined that the applicant was qualified and hired her shortly before she announced she was transitioning from male to female. When officials learned that David Schroer was transitioning to Diane Schroer they rescinded the job offer and refused to hire Schroer.

A U.S. District Court judge ruled in September 2008 that the library’s refusal to hire Schroer violated a federal law prohibiting sex discrimination, a development hailed by the ACLU as an important breakthrough for transgender rights. The library decided against appealing the case and agreed to an out-of-court settlement with Diane Schroer in which it paid her compensatory damages.

Library of Congress: ‘AWOL’ for 37 days?

Dome of the Library of Congress. (Washington Blade photo by Michael Key)

In a March 29, 2012 letter to TerVeer, Karl W. Schornagel, the library’s Inspector General and head of the division where TerVeer worked, said he approved TerVeer’s firing on grounds that TerVeer had been absent from work without approved leave or “AWOL” since Jan. 4, 2012.

Schornagel states in the letter that under library personnel rules, absence without approved leave is considered a form of misconduct that could lead to disciplinary action, including dismissal.

“I considered that you failed to report for duty as scheduled for over 37 consecutive workdays and failed to properly request approved leave despite being reminded of the proper procedures for requesting approved leave and advised of the consequences of your failure to report for duty as scheduled,” Schornagel said in his letter.

TerVeer told the Blade that library officials approved disability leave he had requested in October 2011 at the urging of his therapist and doctor based on the therapist’s determination that a hostile work environment at the library caused him to suffer severe mental stress.

According to TerVeer, the unpaid disability leave approved by the library expired in January 2012. He said library officials declined his request for a transfer to another office and demanded he return to duty with Mech remaining as his supervisor.

Simeone, TerVeer’s attorney, said library rules may have allowed TerVeer to apply for an extended disability leave. But he said TerVeer by that time had exhausted his financial resources following three months of unpaid leave and couldn’t afford to pay doctors and his therapist for the necessary examination and documentation needed to apply for extended disability leave.

“He was in a bind,” said Simeone. “He loved working there and he wanted to continue. And as you can tell, he needed the money. He tried to get a transfer to a new setting or a new area, but it was just not possible. They wouldn’t do that.”

Simeone said going back to the office where TerVeer knew he would be subjected to the same harassment and stress wasn’t an option he could accept.

Outed by boss’s daughter

TerVeer told the Blade he never intended to come out as gay at work when he first started his job at the library in February 2008. He said he had recently moved to D.C. from rural Western Michigan, which he said was devastated by the economic recession.

With a bachelor’s degree in business management from Hope College in Michigan and his enrollment at the University of Maryland for a degree in accounting and auditing, TerVeer said the start of his employment at the library’s Office of The Inspector General appeared to be a perfect fit for his chosen career path.

“The first year and a half, almost two years I was there I was closeted and essentially I was kind of the golden boy in the office,” he said. “He took me under his wing and we had a cordial discourse,” he said of Mech. “And he appeared to come off initially as really nice.”

TerVeer said the cordial relationship was based, in part, on their shared interest in sports and TerVeer’s role as captain of a school football team in Michigan. At one point Mech invited him to join his wife and son at a University of Maryland football game, TerVeer said.

As TerVeer tells it, his problems started just after that, when Mech invited him to “look up his daughter” in the late summer or early fall of 2009. Within days, said TerVeer, Mech’s daughter Katie contacted him on Facebook and asked to become Facebook friends.

He said he accepted her request after using the appropriate Facebook privacy controls to hide information on his own Facebook page that identified him as gay. But a short time later, Facebook put in place changes in its settings in such a way that TerVeer’s link to a Facebook group in support of gay adoptions became publicly visible, TerVeer said.

“I get home one day and she saw it and commented and she said, ‘You’re not one of those weirdoes are you?’ I said I am actually, in fact, one of those weird ones if you’re referring to the fact that I’m gay.”

TerVeer said Katie Mech initially said she wasn’t troubled by this discovery, saying she had a good friend in San Francisco who’s gay.

However, the following day TerVeer said he discovered that she had both “de-friended” and blocked him from her Facebook page. Within days of that, John Mech began raising his religious beliefs with TerVeer in emails and in face-to-face conversations with him, TerVeer said.

“All of a sudden now, every time I’m going into his office he’s starting off with a religious conversation. Then it comes out where he pointed out he was a believer with a literal translation of the Bible,” said TerVeer. “Then he goes specifically into homosexuality.”

TerVeer said he knew then that Katie Mech informed her father that he is gay.

In his affidavit, TerVeer said things came to a head on June 21, 2010.

“He came into my office on that date and said he wanted to educate me on hell and that it was a sin to be a homosexual,” TerVeer says in the affidavit. “He said he hoped I repented because the Bible was very clear about what God does to homosexuals.”

Among other things, TerVeer says in the affidavit that Mech quoted the Old Testament passage of Leviticus, stating, “If a man lies with a man as one lies with a woman, both of them have done what is detestable. They must be put to death; their blood will be on their heads.”

TerVeer says in the affidavit, “He stated that as a homosexual I could never succeed because it was against God’s law.”

Four days later, on June 25, 2010, Mech spoke with TerVeer about TerVeer’s annual performance review and TerVeer expressed concern that his ratings were lower than he believed they should be, he says in the affidavit.

According to the affidavit, he politely told Mech he was concerned that the lower performance review might be biased because of Mech’s strongly expressed religious beliefs toward homosexuality.

“Mr. Mech became extremely upset and vehemently denied that my homosexuality and his personal views had an impact on his rating of me,” TerVeer says in the affidavit. “He accused me of attempting to injure his career and reputation and to ‘bring down the Library.’”

Gay official ‘stalks’ TerVeer

TerVeer says in his affidavit that beginning in July 2010 through the middle of 2011 Mech appeared to be “piling on” work assignments in an effort to set him up to fail. He said one particular project he was assigned to handle by himself had been previously worked on by six full-time employees and took more than a year to complete, yet he was told to complete it during a shorter period of time.

“I believe that Mr. Mech gave me this assignment to set me up for failure and to give him a better opportunity to identify and manufacture deficiencies in my performance,” TerVeer says in the affidavit. “I believe he decided in advance to give me negative ratings in my next performance review and began to create a record of alleged ‘job deficiencies’ to support this.”

In an effort to appeal what he believed to be an unfairly negative job performance rating calling for denying him a normally routine “step” pay increase, TerVeer said he approached Mech’s supervisor, Nicholas Christopher, the assistant inspector general for audits. “Mr. Christopher declined to change my performance evaluation and denied me a WIGI [Within Grade Increase]” in pay, he says in the affidavit.

When he indicated he was in the process of filing a possible discrimination complaint, TerVeer said that both Mech and Christopher appeared to warn him against doing so, saying he could face consequences such as additional poor performance ratings.

In a staff meeting on June 28, 2011, TerVeer says in the affidavit that Mech demanded that he explain, “what I was doing” concerning his stated intention to appeal the low job performance rating.

“He berated and humiliated me in front of my co-workers,” TerVeer says in the affidavit. “He interrogated me regarding the exact nature of my appeal and who I was filing the action against.”

After beginning his disability leave in the fall of 2011, TerVeer said he was startled when Christopher appeared at the D.C. gay bar Number Nine, where TerVeer had been working as a security staffer, and began to take a video of him with his cell phone.

TerVeer and his lawyer at the time, Brennan McCarthy, said TerVeer’s therapist believed working a job at a gay bar provided a friendly, supportive work environment and was an important part of his recovery from the stress-related ailment that required he take a leave from his job at the library.

In a Feb. 16, 2012 letter to Vicki Magnus, acting deputy director of the library’s Office of Opportunity, Inclusiveness and Compliance, which investigates discrimination complaints, McCarthy expressed concern that Christopher had “commenced a pattern of harassment, including stalking Mr. TerVeer at his second job and videotaping Mr. TerVeer while working.”

McCarthy said Christopher appeared to have begun harassing TerVeer after Christopher learned that TerVeer was considering filing a discrimination complaint.

“Following that revelation, Mr. Christopher took all steps possible not only to keep Mr. TerVeer from filing his complaint with your office, but also stated that poor performance reviews are ‘what happens’ when someone tried to bring down the Library of Congress (i.e., files an EEOC complaint),” McCarthy said in his letter.

Sources familiar with the Library of Congress have told the Blade that it’s widely known at the library that Christopher is gay. Christopher states in the publicly accessible part of his Facebook page that his “relationship status” is “single” and he’s “interested in” men.

He also describes his religious views on his Facebook page as being “vociferously atheist.”

Christopher didn’t respond to a Blade message asking whether he was troubled over TerVeer’s allegation that Mech had been reciting biblical passages to TerVeer at work condemning his homosexuality.

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District of Columbia

Capital Pride wins $900,000 D.C. grant to support WorldPride

Funds not impacted by $1 billion budget cut looming over city

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‘Visitors from around the world come to D.C. to experience our world-class festivals and events,’ said Mayor Muriel Bowser. (Washington Blade file photo by Michael Key)

Capital Pride Alliance, the nonprofit D.C. group organizing WorldPride 2025, this week received a $900,000 grant from the city to help support the multiple events set to take place in D.C. May 17-June 8.

According to an announcement by D.C. Mayor Muriel Bowser and Events D.C., the city’s official convention, sports, and events authority, Capital Pride Alliance was one of 11 nonprofit groups organizing 2025 D.C. events to receive grants totaling $3.5 million.

The announcement says the grants are from the city’s Large Event Grant Program, which is managed by Events D.C. It says the grant program is funded by the Office of the D.C. Deputy Mayor for Planning and Economic Development through a grant from the U.S. Department of Commerce Economic Development Administration.

Nina Albert, the Deputy Mayor for Planning and Economic Development, told the Washington Blade that because the grants consist of federal funds already disbursed to the city, they are not impacted by the billion dollar budget cut imposed on the city by Congress earlier this year.

“WorldPride is one of the 11 grantees, and we’re really just excited that there’s going to be generated a large crowd and introducing the city to a national and international audience,” Albert said. “And we think it is going to be a real positive opportunity.”

The statement from the mayor’s office announcing the grants says funds from the grants can be used to support expenses associated with hosting large events such as venue rental fees, security, labor costs, equipment and other infrastructure costs.

“All of those things are things that we do for our major events, including WorldPride,” said Ryan Bos, executive director of Capital Pride Alliance. “So, the resources from this grant will be extremely helpful as we approach the final weeks of preparation of WorldPride Washington, D.C.,” he said.

Bos said Events D.C. has been an important partner in helping to promote WorldPride 2025 since the planning began more than two years ago. “And we’re excited to have them now support us financially to get us over the finish line and have an amazing event.”

Both Bos and Deputy Mayor Albert said WorldPride organizers and D.C. government officials were doing all they can to inform potential visitors from abroad and other parts of the U.S. that the local D.C. government that is hosting WorldPride is highly supportive of the LGBTQ community.

The two said WorldPride organizers and the city are pointing out to potential visitors that the local D.C. government is separate from the Trump administration and members of Congress that have put in place or advocated for policies harmful to the LGBTQ community.

“D.C. is more than the federal city,” Bos told the Blade. “It’s more than the White House, more than the Capitol,” he said. “We have a vibrant, progressive, inclusive community with many neighborhoods and a great culture.”

Marcus Allen, an official with Broccoli City, Inc., the group that organizes D.C.’s annual Broccoli City Music Festival, reached out to the Blade to point out that Broccoli City was among the 11 events, along with WorldPride, to receive a D.C. Large Event Grant of $250,000.

Allen said the Broccoli City Festival, which includes performances by musicians and performing artists of interest to African Americans and people of color, is attended by large numbers of LGBTQ people. This year’s festival will be held Aug. 8-10, with its main event taking place at Washington Nationals Stadium.

“Visitors from around the world come to D.C. to experience our world-class festivals and events,” Mayor Bowser said in the grants announcement statement. “These grants help bring that experience to life, with the music, the food, and the spirit of our neighborhoods,” she said. “Together with Events D.C., we’re creating jobs, supporting local talent, and showcasing the vibrancy of our city.” 

The full list of organizations receiving this year’s Large Event grants are:

• Restaurant Association of Metropolitan Washington

• National Cherry Blossom Festival, Inc.

• Asia Heritage Foundation

• Capital Pride Alliance

• U.S. Soccer Federation

• Broccoli City, Inc.

• U.S.A. Rugby Football Union

• Washington Tennis and Education Foundation

• D.C. Jazz Festival

• Woolly Mammoth Theatre Company

• Fiesta D.C., Inc.  

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District of Columbia

Two charged with assaulting, robbing gay man at D.C. CVS store

Incident occurred after suspects, victim ‘exchanged words’ at bar

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D.C. police just after 1 a.m. on April 10 arrested two men for allegedly assaulting and robbing a gay man inside a CVS store at 1418 P St., N.W., according to a police report and charging documents filed in D.C. Superior Court.

The charging documents state that the alleged assault and robbery occurred a short time after the three men “exchanged words” at the gay bar Number 9, which is located across the street from the CVS.

The arrested men are identified in the charging documents as Marquel Jose Diaz, 27, of Northwest D.C., and Lorenzo Jesse Scafidi, 21, of Elizabeth City, N.C. An affidavit in support of the arrest for Diaz says Diaz and the victim “were previously in a relationship for a year.”

Court records show Diaz was charged with Simple Assault, Theft Second Degree, and Possession of a Controlled Substance. The court records show the controlled substance charge was filed by police after Diaz was found to be in possession of a powdered substance that tested positive for cocaine.

Scafidi was charged with Simple Assault and Theft Second Degree, the court records show.

The D.C. police report for the incident does not list it as a suspected hate crime. 

The court records show both men pleaded not guilty to the charges against them at a Superior Court arraignment on the day of their arrest on April 10. The records show they were released by a judge while awaiting trial with an order that they “stay away” from the victim. They are scheduled to return to court for a status hearing on May 21.

The separate police-filed affidavits in support of the arrests of both Diaz and Scafidi each state that the two men and the victim “exchanged words” inside the Number 9 bar. The two documents state that both men then entered the CVS store after the victim went to the store a short time earlier.

Scafidi “came into the CVS shortly after and entered the candy aisle and slammed Complainant 1 [the victim] to the ground causing Complainant 1’s phone to fall out of CP-1’s pocket,” one of the two affidavits says. It says Scafidi “again picked up CP-1 and slammed him to the ground.”

The affidavit in support of Diaz’s arrest says Diaz also followed the victim to the CVS store after words were exchanged at the bar. It says that after Scafidi allegedly knocked the victim down in the candy aisle Diaz picked up the victim’s phone, “swung on” the victim “while he was still on the ground,” and picked up the victim’s watch before he and Scafidi fled the scene.

Without saying why, the two arrest affidavits say Diaz and Scafidi returned to the scene and were arrested by police after the victim and at least one witness identified them as having assaulted and robbed the victim.

Attorneys representing the two arrested men did not respond to phone messages from the Washington Blade seeking comment and asking whether their clients dispute the allegations against them.

The victim also did not respond to attempts by the Blade to obtain a comment from him. The police report says the victim is a resident of Fairfax, Va.

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District of Columbia

Bowser calls for ‘extraordinary’ response to reduction in D.C. budget

Impact on city funding for LGBTQ programs and grants unclear

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Mayor Muriel Bowser warned of ‘significant cuts in District Government services.’ (Screen capture via Forbes Breaking News YouTube)

D.C. Mayor Muriel Bowser on April 15 issued an executive order calling for “extraordinary actions,” including “significant cuts in District Government services,” to address a decision by Congress to cut the city’s current budget by $1.1 billion.

The nine-page executive order points out that these actions became necessary after the U.S. House of Representatives has so far declined to vote on a free-standing bill approved by the U.S. Senate last month that would restore the $1.1 billion D.C. budget cut initially approved by the House.

In addition to large-scale cuts in city services, the mayoral order says the congressionally imposed city budget cut will bring about city “hiring freezes, financial impacts to employees, reductions and terminations in contracts and grants, and closures of District Government facilities.”

The order adds, “These are unprecedented actions given that the District itself adopted and is able to implement a fully balanced budget, but they are necessary due to the Congressional cut to the District’s budget and its inaction in timely fixing its legislative error.”

The House adjourned this week on a recess until the end of April, and congressional observers say it is unclear whether the majority Republican House will take up the Senate bill to undo the D.C. budget cut when the House returns from its recess. President Donald Trump has called on the House to approve the bill to restore the full D.C. budget.

Among the D.C. LGBTQ organizations and those providing services to the LGBTQ community that receive D.C. government funding and that could be impacted by the budget cuts are Capital Pride Alliance, which is organizing WorldPride 2025 set to take place in D.C. next month; and Whitman-Walker Health, one of the city’s largest private healthcare organizations that provides medical services for LGBTQ clients.

Also receiving city funding are the Wanda Alston Foundation, which provides housing services for LGBTQ people; and the LGBTQ youth advocacy and services organization SMYAL.

Spokespersons for the four organizations couldn’t immediately be reached to determine if they knew whether the soon-to-be implemented budget cuts would have an impact on the city funding they currently receive.

In response to questions from news reporters during an April 15 press conference call to discuss the Bowser executive order, Jenny Reed, director of the D.C. Office of Budget and Performance Management, said details on specific programs or funding allocations set to be cut would not be known until the mayor submits to the D.C. Council her Supplemental FY 2025 budget along with her proposed FY 2026 budget.

Reed was joined at the press briefing by Lindsey Parker, Mayor Bowser’s chief of staff; and Tomas Talamante, director of the Office of Intergovernmental Affairs.

They and other city officials have said the impact of the congressionally imposed city budget cut was expected to be lessened but remain highly problematic by Bowser’s decision to invoke a 2009 law that allows the city to increase its own spending without approval by Congress under certain circumstances.

The mayor has said under that law, the city would need to cut its FY 2025 budget by $410 million rather than by $1.1 billion. It couldn’t immediately be determined whether House Republicans, who initiated the requirement that the D.C. budget be cut by $1.1 billion, would challenge the mayor’s plan to invoke the 2009 law to reduce the size of the budget cut.

“Without the ability to fully execute the Fiscal Year 2025 budget as adopted and approved by the District, this gap will force reductions in critical services provided by our largest agencies, including the Metropolitan Police Department and the Fire and Emergency Medical Services Department,” the mayor’s executive order states.

“The District will continue to work with members of the House of Representatives to urge them to vote to fully restore the District’s Fiscal year 2025 budget and will continue to work with President Trump to strongly encourage the House of Representatives to take that action,” the order says.

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