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Ex-employee sues Whitman-Walker

Alleges discrimination, hazardous workplace

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Metro TeenAIDS, gay news, Washington Blade
Federally Qualified Health Center, Whitman-Walker Health, gay news, Washington Blade

Omar Mendez Rivas had been working at the organizationā€™s Elizabeth Taylor Building at 14th and R Streets, N.W. (Washington Blade file photo by Michael Key)

A former employee has accused Whitman-Walker Health in a lawsuit filed on Jan. 15 of illegally firing him in retaliation for his complaint that he was subjected to a hazardous workplace ā€œcontaminated with paint fumes and other toxic materials.ā€

Omar Mendez Rivas, who was hired by Whitman-Walker in April 2015 as a staff accountant/grant biller, charges in his lawsuit that the organization terminated his employment on the same day he informed supervisors he had filed a complaint against Whitman-Walker with the U.S. Occupational Safety and Health Administration (OSHA).

The lawsuit, which seeks $200,000 in compensatory and punitive damages, also charges Whitman-Walker with violating the D.C. Human Rights Act by discriminating against him in the firing based on his race, national origin and gender.

ā€œOne week prior to termination, Plaintiff filed a complaint with OSHA in regards to building violations and uses of toxic paint in a confined space during working hours, without warning or without protection against harmful fumes and materials used ā€“ this resulted in Plaintiff getting severely ill with headaches, dizziness, nausea and respiratory difficulties,ā€ the lawsuit charges.

In a Jan. 22 motion calling for the U.S. District Court for D.C. to dismiss the case, Whitman-Walker argues that each of Rivasā€™s allegations ā€œfail as a matter of lawā€ because they fail to ā€œstate a claim upon which relief can be granted.ā€

The motion also says that Rivas was ā€œterminated at the conclusion of his three-month introductory period,ā€ and under D.C. rules related to employment ā€œan at-will employee may be discharged at any time and for any reason, or for no reason at all.ā€

Whitman-Walker spokesperson Shawn Jain told the Blade Rivas had been working at the organizationā€™s Elizabeth Taylor Building at 14th and R Streets, N.W. He said Whitman-Walker has a policy of not commenting on the reason why employees leave the organization.

ā€œWe continue to dispute the claims made by Omar Mendez-Rivas,ā€ said Jain, who added that OSHA conducted its own investigation and has not issued any safety violations based on Rivasā€™s claims regarding paint fumes.

AĀ page on the OSHA website for a case listed as ā€œWhitman-Walker Elizabeth Taylor Medical Center ā€“ Inspection Informationā€ says the case was opened on July 31, 2015 and closed on Sept. 10, 2015. No findings of a violation in OSHA regulations are listed on the page.

OSHA spokespersonĀ Leni Fortson said the fact that no violations are listed indicates none were found by OSHA inspectors who visited the building in response to the complaint.

Jonathan Dailey, the attorney representing Rivas, said he was told by OSHA while preparing the lawsuit that the case was ongoing. But he said he won’t dispute what OSHA is now saying and will correct the lawsuit’s assertion that the probeĀ was continuing.

He said the lawsuit was never dependent on an OSHA finding of a violation. “This is a wrongful termination case,” he said. “This is based on common law a wrongful discharge public policy exception, which is recognized under D.C. law as a cause of action.”

The lawsuit says Whitman-Walker has responded by saying the termination was not due to Rivasā€™s OSHA complaint but it has refused to give a reason for the termination.

ā€œAt no point after his hire and prior to his termination did defendant complain about his work performance, other than praise,ā€ the lawsuit says.

The case has been assigned to U.S. District Court Judge Reggie B. Walton.

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Virginia

Parades, community events held to mark Pride Month in Va.

Upwards of 30,000 people attended PrideFest in Norfolk on June 22

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Shi-Queeta-Lee at Arlington Pride in Arlington, Va., on June 29, 2024. (Washington Blade photo by Michael Key)

Activists across Virginia last month held a series of events to mark Pride Month.

Hampton Roads Pride, a volunteer-run organization founded in 1997, held 37 different Pride events throughout the region in June. 

Their biggest event, PrideFest, which is part of their larger three day event, Pride Weekend, celebrated its 36th anniversary on June 22. Pride Weekend took place from June 21-23 and began with a block party at NorVa in Norfolk. 

PrideFest took place at Town Point Park, and an estimated 30,000 people attended. More than 70 venders participated, while Todrick Hall and Mariah Counts are among those who performed.

Another PrideFest event with a DJ in the afternoon and live music at night took place in Virginia Beach on June 23. Congressman Bobby Scott and U.S. Sen. Tim Kaine (D-Va.) are among those who attended Pride events in Suffolk on June 30.

Norfolk Mayor Kenneth Alexander, along with members of the Norfolk and Virginia Beach City Councils, also attended the Pride events in their respective cities. Jamar Walker, the first openly gay federal judge in Virginia, also took part.

ā€œYou know people all throughout Pride Month, at all of our various events, tell me all kinds of stories about their own experiences and the past of this community … and some of our older folks especially, remember when we couldn’t have this,ā€ Hampton Roads Pride President Jeff Ryder told the Washington Blade on Monday during a telephone interview.

ā€œIt was a great year,ā€ he added. “It was a big achievement for us to have unique celebrations in each of our seven communities. Each of these cities is so different from one another, but to be able to create a Pride celebration that’s unique in each of those places was really great, and I think really well received by folks who may not have felt represented previously. We’re always trying to do better, to embrace every aspect of our community, and take a big step forward there this year.ā€

State Dels. Adele McClure (D-Arlington County) and Alfonso Lopez (D-Arlington County) are among those who spoke at Arlington Pride that took place at Long Bridge Park on June 29. The Fredericksburg Pride march and festival took place the same day at Riverfront Park in Fredericksburg.

Republican Virginia Gov. Glenn Youngkin on June 10 hosted a Pride Month reception in Richmond. 

Youngkin in previous years has hosted Pride Month receptions, even though Equality Virginia and other advocacy groups have criticized him for supporting anti-LGBTQ bills.

The Republican governor in March signed a bill that codified marriage equality in Virginia. Youngkin last month vetoed a measure that would have expanded the definition of bullying in the state. 

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Baltimore

Baltimore street named in honor of trans activist

Iya Dammons is founder of support groups Safe Haven in Baltimore, D.C.

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Iya Dammons was honored last week in Baltimore. (Photo courtesy Iya Dammons)

Baltimore city officials and LGBTQ activists participated in a ceremony on June 29 officially dedicating the renaming of a street in honor of transgender woman Iya Dammons, who founded and serves as executive director of the LGBTQ services organization Maryland Safe Haven.

A section of Baltimoreā€™s 21st Street at the intersection of North Charles Street, where the Maryland Safe Haven offices are located, has been renamed Iya Dammons Way.

The ceremony took place six years after Dammons founded Maryland Safe Haven in 2018 and one year after she launched a Safe Haven operation in D.C.in 2023 located at 331 H St., N.E.

A statement on its website says Safe Haven provides a wide range of supportive services for LGBTQ people in need, with a special outreach to Black trans women ā€œnavigating survival modeā€ living.

ā€œThrough compassionate harm reduction and upward mobility services, advocacy support, and community engagement, we foster a respectful, non-judgmental environment that empowers individual agency,ā€ the statement says. ā€œOur programs encompass community outreach, a drop-in center providing HIV testing, harm reduction, PrEP, medical linkage, case management, and assistance in accessing housing services,ā€ it says.

Among those participating in the street renaming ceremony were Baltimore City Council member Zeke Cohen, interim director of Baltimore Mayor Brandon Scottā€™s Office of LGBTQ Affairs Alexis Blackmon, and Dominique Morgan, an official with the national foundation Borealis Philanthropy, which provides financial support for transgender supportive nonprofit organizations, including Safe Haven.

ā€œThis is a significant achievement and historic moment for our city,ā€ a statement by Maryland Safe Haven announcing the ceremony says. ā€œIya Dammons has been a tireless advocate for transgender rights and has worked tirelessly to provide safe spaces and resources for transgender individuals in our city,ā€ it says. ā€œThis honor is well-deserved, and we are thrilled to see her contributions recognized in such a meaningful way.ā€

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Baltimore

Despite record crowds, Baltimore Prideā€™s LGBTQ critics say organizers dropped the ball

People on social media expressed concern about block party stampede

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Miss Gay Maryland Stormi Skye waves as she continues down the parade route at Baltimore Pride on June 15, 2024. (Photo by Kaitlin Newman/Baltimore Banner)

BY JOHN-JOHN WILLIAMS IV | This yearā€™s Baltimore Pride Week attracted 150,000 people ā€” record attendance that far exceeded initial projections of 100,000.

But some see room for improvement and want organizers to address safety issues and make changes so the annual event that celebrates the LGBTQ population is better run.

The rest of this article can be found on the Baltimore Banner’s website.

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