A federal appeals court has sided with the U.S. Navy in a lawsuit filed by a civilian tech worker who claimed he was passed over for promotions due to his age and ethnicity.

On Tuesday, the Eleventh Circuit Court of Appeals unanimously upheld the Navy's victory in a discrimination lawsuit filed by Jose Rosado, a 62-year-old information technology specialist. Rosado, who works at the Naval Facilities Engineering Command Southeast facility in Jacksonville, Florida, argued that he was repeatedly denied promotions because he was Hispanic and in his 50s, but the court found he failed to provide sufficient evidence of bias.

The Legal Battle: Age and Racial Bias Claims Rejected

The panel’s ruling rejected Rosado’s claims under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act. The court found that Rosado had not shown that his supervisors considered his race or age when denying him promotions.

"Rosado has failed to present 'meaningful comparator evidence,'" wrote U.S. Circuit Judge Robin S. Rosenbaum. "Nor has Rosado shown that unlawful discrimination 'played any part' in his nonselection."

Rosado filed his lawsuit in 2019, alleging five instances between 2014 and 2018 where he was passed over for promotions in favor of other candidates. He pointed to command information officer Andrea Freeman, claiming she dismissed him from higher-paying positions because of his Hispanic last name.

The Claims of Retaliation

The court also rejected Rosado's retaliation claim, which stemmed from his filing of Equal Employment Opportunity (EEO) complaints after each promotion rejection. Rosado alleged Freeman retaliated against him for filing the complaints by publicly berating him in a staff meeting and stating she was "not afraid of EEO or the union."

However, the appeals court sided with Freeman’s explanation. It ruled that Freeman’s comments were made during a discussion about a work assignment, not as an act of retaliation.

Judge Rosenbaum explained, "Freeman was confirming her lawful authority to require employees to perform tasks within the scope of their duties... She was expressing confidence that she was acting in compliance with EEO and union requirements."

The Promotion Controversy

Rosado also claimed that Freeman interfered with his promotion by offering him a temporary position during a mediation session, only to later claim the offer was made without her knowledge. However, the appeals court determined that there was no promotion available for Rosado at the time and dismissed this as speculation.

"Rosado’s contention that Freeman had the authority to approve his promotion when no vacancy existed is pure speculation," Judge Rosenbaum wrote. "When Freeman asked Rosado whether he wanted her to seek authorization, he declined."

Moving Forward

With the Eleventh Circuit’s ruling, Rosado’s legal options have been significantly limited. The court’s decision comes as a blow to his case, leaving the Navy with a significant legal victory.

A spokesperson for the U.S. Attorney’s Office, which represents the Navy, declined to comment, while Rosado’s legal team has not yet responded.