PRESS RELEASE: C & R WINS $2.19 Million Verdict in Sexual Orientation Discrimination Lawsuit

**$2.19 Million Verdict Issued Against AARP Services, Inc. for Sexual Orientation Discrimination: Richard A. Deus Prevails**

Washington, District of Columbia, March 18, 2024: A landmark verdict has been reached in the case of Richard A. Deus, the former Director of Lifestyles at AARP Services, Inc. (ASI), as a jury unanimously issued a $2.19 million verdict in his favor. The decision not only signifies a crucial legal triumph for Deus but also serves as a resounding condemnation of workplace discrimination based on sexual orientation. Deus was represented by Darrell Chambers and Douglas S. Rosenbloom of Chambers & Rosenbloom, LLP, and Kendra Leite of Whiteford Taylor & Preston, LLP. ASI was represented by employer-side Employment Law defense firm, Littler Mendelson.

The lawsuit, filed in 2018 by Mr. Deus, alleged wrongful termination and discrimination on the basis of sexual orientation by ASI. Deus, a dedicated and respected professional who earned high praise for his work performance in his eleven years with ASI, brought forth compelling evidence showcasing his impeccable performance and dedication to his role, juxtaposed against the disparate treatment he faced at ASI.

Throughout the trial, witnesses detailed the permissive environment at ASI related to its travel and reimbursement policy and code of conduct. While ASI claimed they fired Deus for inappropriate work travel, Deus proved that heterosexual employees continued their employment with ASI where they were found to have engaged in the same types of work travel as Mr. Deus. The jury's unwavering support for Deus's claims underscores the urgent need for accountability and reform within corporate structures and the imperative of eradicating discrimination from all facets of society.

"We applaud the jury's steadfast commitment to justice and their unequivocal stance against discrimination," remarked Darrell Chambers, Deus's legal counsel. "This verdict not only vindicates Mr. Deus's rights but also serves as a beacon of hope for countless individuals who have endured similar injustices."

The $2.19 million verdict stands as a poignant reminder of the immense toll of discrimination on individuals and the importance of holding organizations accountable for fostering inclusive and equitable workplaces. Deus's resilience in the face of adversity serves as an inspiration to marginalized communities everywhere. As Richard Deus looks towards the future, he remains steadfast in his commitment to advocating for equality and fostering environments where all individuals are treated with dignity and respect. His unwavering determination underscores the transformative power of standing up against discrimination.

Lou Chibbaro of The Washington Blade followed the case:

https://www.washingtonblade.com/2024/03/18/d-c-jury-finds-aarp-services-illegally-fired-gay-man/

For media inquiries or further information, please contact Darrell Chambers at (301) 500-1575 or admin@chambersrosenbloom.com.

*Note: The information provided in this press release is based on publicly available information and does not constitute legal advice or endorsement by any party mentioned.

The Chambers Firm Files Whistleblower Lawsuit On Behalf Of Former DC Employee

FORMER DC EMPLOYEE FILES WHISTLEBLOWER LAWSUIT AGAINST THE DISTRICT IN THE WAKE OF BID CONTRACT INVESTIGATION BY COUNCILWOMAN MARY CHEH

Former DGS Associate Director Yinka Alao details whistleblower allegations against the District and City Administrator Young in complaint filed in DC Superior Court.

Washington, DC, December 6, 2016 – Yinka Alao, the former DC Department of General Services (DGS) Associate Director for Contracting and Procurement, is fighting back against public allegations made by City Administrator Rashad Young and Mayor Muriel Bowser’s spokesman Rob Hawkins that his termination resulted from improper actions he took in the performance of his official duties. In a complaint filed yesterday, Mr. Alao details the real facts and circumstances that led to his termination – that the Mayor’s office wanted him to give special treatment in a bidding process to one of the Mayor’s campaign donors.  When Mr. Alao refused to do so, he was fired. 

Alao, a 10-year DC employee who previously led the “Procurement Integrity and Compliance Office” for the city’s Office of Contracting and Procurement, was abruptly placed on administrative leave on August 15, 2016 and separated from the government on August 30, 2016.  This came after Mr. Alao approved the bid of Gilbane Building Co. (Gilbane), one of the nation’s largest construction firms, to redevelop the St. Elizabeth’s East Campus – the future site of the Washington Wizards Basketball practice facility.  Gilbane’s approved bid was roughly $6 million and about $10 million less than the bid submitted by a major longtime donor to D.C. Mayor Muriel Browser, Fort Meyer Construction (FMC).  FMC’s bid was not chosen.  Despite the fact that Mr. Alao’s decision saved $10 million taxpayer dollars, he was summarily terminated after FMC apparently complained to Mayor Bowser’s administration.

Darrell Chambers, Principal Attorney at The Chambers Firm, filed the suit on behalf of Mr. Alao:

“As is clear from the complaint, several high-ranking officials at the Executive Office of the Mayor, DMPED and the City Administrator’s office applied unprecedented pressure on Mr. Alao to cancel the Buzzard Point and St. Elizabeth’s contract awards and to re-bid those contracts, in an obvious attempt to award them to Ft. Myer. This case is eerily similar to the Eric Payne matter, which resulted in a $1.7 million verdict against the District on November 22 of this year. It remains to be seen what the attorney’s fees amount to in that case, but that litigation began in 2010 so I suspect the fees are significant – possibly over $1 million. Unfortunately, instead of admitting mistakes and immediately redressing the mistakes and making whole the innocent people whose lives are turned upside-down by them, the District is content to litigate these disputes for years upon years in the hopes that a different administration with no accountability is in power when they are hit by a large jury verdict. The only people adversely affected are the victims of this cronyism and District residents who have to foot the bill.”

D.C. Councilmember Mary Cheh is currently investigating the facts and circumstances surrounding Mr. Alao’s termination.

Legalized Pot In DC: What Your Neighbors Are Smoking And Where

We’ve all been there, right?  Is that guy walking down the street smoking weed?  It smells like pot in the park.  What’s that smell by the pool?  Did you catch the pungent odor of pot on that group of teenagers in Duncan Donuts?  That woman is lighting up a joint right here on the METRO! Many of our friends and neighbors have the same questions when faced with the open and very public pot smoking in our community.  Where can people legally consume (smoke, eat, drink) pot?  If my kid gets caught with pot, will she be arrested?  Since pot is legal, can my boss fire me if he finds out I smoke?  In this informational post, I will try to clarify the answers to these questions and some others.

Though pot was legalized in the District as of February 26, 2015, navigating DC’s seemingly ever-changing legalized pot law sometimes requires the dexterity of Simone Biles. In fact, as recently as April of this year, over a year after pot was legalized in DC, the City Council acted to ban any kind of marijuana use outside of private residences. Through all the misinformation, misinterpretations, and misunderstandings one thing has remained clear: transferring money, goods, or services in exchange for any amount of pot is a great way to land yourself in the DC Jail. 

So what’s the deal with DC’s legalized marijuana law?  In a nutshell, it is only ok to consume pot in a private residence.  Walking down the street, hanging out at the community pool, or sitting on the METRO are not appropriate places to light up.  And if you’re under 21, it is never ok to possess or consume pot.

 If you’re over 21 you’re clear to:

·         Have up to two ounces of pot on you for your personal use;

·         Give (as a gift) up to one ounce of marijuana to another person who is at least 21;

·         Grow (at home) up to six marijuana plants, no more than three of which are mature;

·         Possess marijuana-related paraphernalia;

·         Use marijuana on private property.

 The following could result in your becoming an involuntary guest of the Department of Corrections (or DYRS if you’re a juvenile):

·         Having over two ounces of pot;

·         Selling pot;

·         Driving under the influence of pot;

·         Consuming pot in any public space like a street, sidewalk, park, or even inside a business.

Marijuana use by kids under 21 is not permitted by DC’s legalized marijuana laws, period.  However, if a person under 21 is found with two ounces or less of pot, it is MPD policy to seize the marijuana without arresting or ticketing the person.  MPD officers may arrest anyone, whether under or over the age of 21, if the person is in possession of more than two ounces of pot.  Since DC’s laws do not trump federal controlled substance laws, a federal law enforcement officer may arrest any person on any federal property located anywhere in the District for possessing or consuming any amount of marijuana.  

As far as maintaining your employment while taking advantage of the District’s legalized marijuana laws, it’s pretty simple.  If you work here in DC for the federal government, or a company that prohibits the use of controlled substances in their employee handbook, workplace rules, or employer procedures, marijuana use is not an option for you.  Additionally, DC’s legalized marijuana laws have no impact on DC government’s current drug testing policies and procedures as they relate to DC government employees, according to an administrative issuance from DCHR on June 27, 2016 and Initiative 71.  The Initiative makes it clear that the ability of DC government agencies to establish and enforce policies restricting the use of marijuana by employees is not affected by the legalized pot law.  While there may be ways to avoid termination, suspension, or other adverse employment consequences after getting caught using a controlled substance, these are not guaranteed and not worth the trouble smoking pot will bring.  Just say no.

For community members who are concerned or offended by marijuana use in or near the businesses or public spaces they frequent, it is important to remember that anyone can still report marijuana use that they perceive to be unlawful to MPD. Officers will respond and determine, based on their training, whether the use is lawful and take police action, where appropriate.  Bottom line: if you insist on doing your best impression of Cheech & Chong’s Up In Smoke, keep it in the house.

Contracts Appeals Board Rejects Bid Protest By Major Bowser Donor

CONTRACTS APPEALS BOARD REJECTS BID PROTEST BY MAJOR BOWSER DONOR FORT MYER IN A SCATHING OPINION THAT FURTHER CLOUDS GOVERNMENT’S DECISION TO FORCE THE CONTRACTING OFFICER OUT AFTER HE RECOMMENDED AWARD TO GILBANE, NETTING TAXPAYERS A $10 MILLION SAVINGS

CAB Decision Confirms Former DGS Associate Director Yinka T. Alao Appropriately Recommended Award of The Contract To Gilbane Building Co., Which Submitted A Bid Almost $10 million Dollars Lower Than The Bid Submitted By Ft. Myer. DC CAB Opinion Casts A Further Shadow Over Perplexing Decision To Fire Mr. Alao

Washington, DC, September 26, 2016 – The DC Contracts Appeals Board has issued a decision in a bid protest submitted by Ft. Myer Construction, filed after Ft. Myer lost out on the contract to redevelop the St. Elizabeth’s East Campus – future site of the Washington Wizards Basketball practice facility. After Ft. Meyer lost out on that contract and the contract to develop the future site for DC United’s new stadium at Buzzard Point, Mr. Alao, a 10-year DC employee who previously led the “Procurement Integrity and Compliance Office” for the city’s Office of Contracting and Procurement, was abruptly placed on administrative leave on August 15, 2016 and separated from the government on August 30, 2016.  Despite the fact that Mr. Alao’s decision on the St. Elizabeths contract saved $10 million taxpayer dollars, he was summarily terminated after FMC apparently complained to Mayor Bowser’s administration. Mr. Alao is represented by The Chambers Firm, LLC.

 In vindicating Mr. Alao’s procurement practices and rejecting every single argument raised by Ft. Myer in the protest, the CAB noted:

“…[i]n the present case, Fort Myer seemingly argues that the District was effectively obligated to accept a proposal that was almost $10 million more expensive and essentially technically equivalent to the lower priced offeror… As we note above, that is an improper reading of the [Contracting Officer’s] discretion under the solicitation and applicable law. In summary, we find that the evaluation of proposals in this case was proper, and that the [Chief Contracting Officer] properly considered and explained its assessment of the technical and price evaluation results that were the basis of its award decision.”

Darrell Chambers, principal attorney at the Firm, supports the CAB’s decision, indicating it further strengthens Mr. Alao’s case against the government:

“I am pleased with the decision of the CAB exonerating Mr. Alao of any wrongdoing in the procurement and awarding of the St. Elizabeths East contract to Gilbane Building Company. While the decision answers some questions, others remain. For instance, why, on the St. Elizabeths project, did high-ranking government officials outside of DGS and not a part of the procurement process push for Mr. Alao to request a ‘Best and Final Offer’ (BAFO) from the bidders even though Fort Myer’s bid was so much higher than Gilbane’s bid? Also, I question whether Ft. Myer received inside information which allowed them to reallocate their costs in a way that resulted in their cost allocation score going from zero points in their initial bid to 26 points in their BAFO, the latter enabling Fort Myer to take a slim lead in points over Gilbane despite the fact that their bid remained almost $10 million dollars higher than Gilbane’s. The level of precision in cost reallocation seems to point, in my view, to some insider knowledge. How else to explain the dramatic swings in pricing at the BAFO stage without any change to the technical aspects of Fort Myer’s proposal?”

The decision calls into question the City Administrator’s statements that Mr. Alao engaged in “indefensible procurement practices” and failed to “fairly and appropriately, within guidelines, policy, and practice administer procurement solicitations in the District of Columbia.” The decision also belies Rob Hawkins’ statement that Mr. Alao sought to “undermine local and minority businesses.” According to the Administration these purported failures led to Mr. Alao’s termination. In a scathing rebuke of these false statements, the CAB specifically determined that Mr. Alao’s “award decision was reasonable and consistent with the evaluation criteria and procurement law.” This finding is inconsistent with the stated reasons for Mr. Alao’s termination, which appears to be retaliation for his failure to recommend award of the St. Elizabeths and Buzzard Point contracts to Fort Myer.

Former DGS Associate Director Hires The Chambers Firm to Fight Termination Amid City Council Investigation

SCAPEGOATED DC EMPLOYEE RETAINS LAW FIRM  AMID PLANNED BID CONTRACT INVESTIGATION  BY COUNCILWOMAN MARY CHEH  

 

Washington, DC, September 2, 2016 – The recently fired DC Department of General Services (DGS) Associate Director for Contracting and Procurement has hired The Chambers Firm amid a planned investigation by Councilwoman Mary Cheh into possible corruption by District government officials.  Yinka T. Alao, a 10-year DC employee who previously led the “Procurement Integrity and Compliance Office” for the city’s Office of Contracting and Procurement, was abruptly placed on administrative leave on the 15th of August and separated from the government earlier this week after he approved the bid of Gilbane Building Co. (Gilbane), one of the nation’s biggest construction firms, to redevelop the St. Elizabeth’s East Campus – the future site of the Washington Wizards Basketball practice facility. Gilbane’s approved bid was roughly $6 million and about $10 million less than the bid submitted by a major longtime donor to D.C. Mayor Muriel Browser, Fort Meyer Construction (FMC).  FMC’s bid was not chosen.

Despite the fact that Mr. Alao’s decision saved 10 million taxpayer dollars, he was summarily terminated after FMC apparently complained to Mayor Bowser’s administration. Darrell Chambers, principal attorney at The Chambers Firm, indicated this is the kind of case that matters to all District employees and the residents of DC.  He further stated:

"Mr. Alao is and has been a dedicated public servant in the District government for the last ten years. It is outrageous that the Mayor and City Administrator's offices may have chosen to sacrifice him to appease a campaign contributor that lost out on city contracts, one of which would have cost District residents $10 million additional dollars over the winner's bid. I commend the former DGS Director, Rear Admiral Christopher Weaver (Ret. USN), in taking a principled stance by not following the City Administrator's direction to fire Mr. Alao in contravention of DC law.  

What I find particularly perplexing is if, in fact, the DGS contracting function was under-performing, why transfer a specialized transportation procurement from DDOT to DGS for handling? Clearly government officials were confident that DGS could handle the contract even though it was outside their typical scope of responsibilities.

Obviously the statements made by District government officials in the media, painting Mr. Alao and his colleagues as rogue employees, incompetent in the performance of their duties, are false and we believe there is documentary proof that he secured legal sufficiency and followed best practices and his chain of command in making decisions that relate to this contract. While these statements will eventually be disproved they have nonetheless already caused, and will continue to cause, mental stress to Mr. Alao and his family along with damage to Mr. Alao's future employment prospects until such time as this matter is cleared."  

D.C. Council member Mary Cheh has vowed to hold a hearing to investigate the shakeup at DGS.