“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.