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 Lampert, with the D.C.-based legal group Center for Employment Service, 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 2017. It says after receiving “outstanding reviews and promotions” he was promoted to
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