WASHINGTON (LN) — U.S. District Judge Trevor N. McFadden on Tuesday denied a motion to dismiss Tyreem Fosque’s Title VII and D.C. Human Rights Act lawsuit against the D.C. Housing Authority, ruling that the gay former officer plausibly alleged disparate treatment, a hostile work environment, and retaliation.
Fosque, who worked as a special police officer for the authority for about two years, claims he was suspended and ultimately terminated after Officer Don Williams accused him of sexual assault. Fosque denies the accusation, alleging Williams later admitted he “made the whole thing up.”
The Metropolitan Police Department closed its investigation into the incident, finding insufficient evidence to support a sexual abuse offense. Despite the lack of criminal charges, the housing authority terminated Fosque, alleging the decision was based largely on statements from another officer who claimed Fosque had admitted to the assault.
Fosque contends the housing authority treated him less favorably than similarly situated heterosexual officers who faced multiple well-supported complaints of sexual harassment and assault but were not terminated. He also alleges his sexual orientation was “common knowledge” throughout the department.
McFadden wrote that Fosque’s allegations “nudge his claim[s] across the line from conceivable to plausible.” The judge noted that while Fosque faces a high bar to prove a hostile work environment at summary judgment, his claims “squeak by” stage.
The court also allowed Fosque’s retaliation claim to proceed. Fosque alleges he appealed his proposed termination via email to Police Chief Michael Reese, asserting the allegations against him were false and motivated by discrimination. The housing authority terminated him three months later, falsely claiming it never received his appeal.
McFadden dismissed the D.C. Housing Authority Police Department as a defendant, ruling it is subsumed within the housing authority and not a separate legal entity.