Fosque, who worked for the authority’s police department for about two years, alleges he was terminated after Officer Don Williams accused him of sexual assault—an accusation Fosque says was fabricated.
According to the complaint, Williams, who Fosque says continued to act friendly toward him after the alleged incident, later admitted via text messages reported by another officer that he “made the whole thing up.”
Despite an internal investigation and a Metropolitan Police Department probe that found insufficient evidence to meet the elements of a sexual abuse offense, the D.C. Housing Authority suspended Fosque without pay and eventually fired him.
Fosque argues the authority treated him less favorably than heterosexual officers, citing Darnell Douglass and Harold Yeager, who faced multiple complaints of sexual harassment and assault but were not terminated.
McFadden wrote that Fosque’s allegations “nudge his claim[s] across the line from conceivable to plausible,” noting that the plaintiff plausibly alleged the department knew he was gay and retaliated when he appealed his proposed termination by asserting the accusations were motivated by discrimination.
The judge also allowed Fosque’s hostile work environment claims to survive, though he noted the plaintiff faces a “tall order” at summary judgment to prove the conduct was extreme enough to change the terms and conditions of employment.
The court dismissed the D.C. Housing Authority Police Department as a defendant, ruling it is not a separate legal entity from the authority itself.
Fosque filed a timely complaint with the Equal Employment Opportunity Commission before launching suit.