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.
