United States Settles Navy Discrimination and Wrongful Termination Lawsuit
ALICIA A.G. LIMTIACO, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced the United States of America, on behalf of Ray Mabus, Secretary of the Navy, settled the lawsuit Ballard v. Mabus, CV13-00024 (D. Guam). The Plaintiff claimed that the Navy created a hostile work environment because of sexual harassment, age and race discrimination, and retaliated against him for accusing a co-worker, who had worked at the facility for many decades, of sexual harassment and another co-worker of age and race discrimination. The Navy’s internal investigation found that the allegations against the co- workers were false and that no sexual harassment occurred. The Navy also determined that Plaintiff’s substandard work performance warranted termination of his employment during the probationary period. Plaintiff worked for the Navy for a total of approximately four months.
After a Summary Judgment hearing before the District Court, Plaintiff’s claim of a hostile work environment based on sexual harassment and age and race discrimination was dismissed with prejudice. Because of the short time period between Plaintiff’s allegations against his co-workers and his dismissal by the Navy, the issue of possible retaliation remained to be resolved by a trial. Recognizing that trial would require the United States to bring in witnesses who are now serving around the world, the United States entered into a settlement agreement on January 28, 2017, to resolve the one remaining retaliation claim. Settlement negotiations were assisted by Magistrate Judge Joaquin V.E. Manibusan, Jr., at the U.S. District Court. The settlement resolves all claims by the Plaintiff.
The case was handled by Assistant U.S. Attorney Mikel Schwab.