A police captain in Washington, DC, is suing the department for demoting him after he was the first gay officer to take family leave after the birth of his child.
A lawsuit filed by Capt. Paul Hrebenak, who served as director of the D.C. Metropolitan Police Department’s School Safety Division, claims his reassignment to a less desirable position after his return from parental leave “was humiliating and viewed as punishment and a demotion by Plaintiff and his co-workers.”
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The suit maintains police officials violated the U.S. Family and Medical Leave Act, the D.C. family leave law, and the U.S. Constitution’s Equal Protection Clause by their actions, described as “willful and in bad faith, causing Plaintiff to suffer lost wages and benefits, and severe physical, mental, and emotional anguish.”
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Hrebenak joined the force in July 2007 and served with distinction as an officer and later as captain, the suit states. After receiving “outstanding reviews and promotions” he was promoted to captain in November 2020 and assigned to the School Safety Division in September 2022.
“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. I want to take this action also so that fellow officers can enjoy their families without the fear of being unfairly treated.”
Hrebenak’s reassignment had the added effect of exacerbating a diagnosis of Crohn’s Disease, which he says the department was aware of since his hiring. His position as School Safety director allowed him to work a day shift; when he was reassigned, he was forced to work overnight shifts as Watch Commander, a position typically filled by less senior officers, with hours that aggravated his condition.
Hrebenak is seeking a trial by jury, along with his reinstatement as director of the Division of School Safety or an assignment to a similar position. He is also seeking $4.3 million in compensatory and punitive damages, including interest, attorney’s fees, and court-related costs.
Richard Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance, told the Blade he believes the city is “in the wrong” and should agree to a settlement, a route typically taken in similar cases.
“If anyone should be demoted, it is whoever decided to punish Captain Hrebenak for exercising his parental rights,” Rosendall said. “Equal protection means nothing if it is subject to arbitrary suspension at a supervisor’s whim.”
He added, “The rule of law is undermined when those sworn to enforce it act as if they are a law unto themselves.”
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