NEW ORLEANS – A former Navy worker, who is openly gay, filed a lawsuit against his former employer, claiming he was discriminated against, harassed, and retaliated against because of his sexual orientation.
Plaintiff Jared Garcia filed his lawsuit in U.S. District Court for the Eastern District of Louisiana. The named defendant is Hung Cao, acting secretary of the Navy.
In his 33-page complaint, Garcia claims a “systemic and pervasive pattern of discrimination, harassment, retaliation, and hostile work environment” based on his sexual orientation and “perpetrated” by the Department of the Navy and its officials forced him to file the suit.
“Plaintiff entered federal service expecting a professional workplace free from discrimination,” the suit states.
“Instead, he was subjected to repeated anti-gay slurs and derogatory comments; offensive stereotypes targeting LGBTQ+ individuals; physical intimidation after objecting to discriminatory language; dismissive responses from supervisors when he sought help; public disclosure of concerns he had raised in confidence; management’s failure to meaningfully investigate or remedy the misconduct; and a workplace culture in which discriminatory conduct was tolerated rather than corrected.”
Garcia was employed by the Navy from August 2022 through his resignation in January 2024. He was employed as a Natural Resource Specialist, GS-11, assigned to the Naval Facilities Systems Command Southeast in Belle Chasse, Louisiana.
He claims in his lawsuit that coworkers’ homophobic insults, anti-gay slurs, derogatory comments, and offensive jokes eventually escalated to unwanted physical contact and physical intimidation.
For instance, Garcia alleges a coworker repeatedly used the anti-gay Spanish slur “maricon.”
He claims after he confronted a coworker about using the slur, the coworker physically pushed him and had to be physically removed from Garcia’s workspace.
He contends – despite the Navy’s claim an investigation was conducted – he was never interviewed, asked to provide a statement, or permitted to identify witnesses. No meaningful disciplinary action was taken against the coworker, he alleges.
Garcia also alleges coworkers openly made derogatory comments portraying gay men as sexual predators, used the term “gay” as an insult, and mocked gender identity.
Despite repeatedly reporting the conduct to management, his harassment continued with little to no meaningful corrective action, he alleges.
Additionally, his concerns regarding homophobic comments were disclosed to others despite his request for confidentiality, “resulting in further embarrassment and retaliation” from management, he claims.
Garcia also claims an employee who had previously engaged in “inappropriate conduct” was publicly recognized as Employee of the Year.
He argues the Navy failed to protect him and allowed the harassment to only get worse.
“The Department of the Navy is entrusted with enforcing the federal government’s commitment to equal employment opportunity and maintaining a workplace free from unlawful discrimination,” the complaint states.
Garcia claims he was forced to resign Jan. 3, 2024, believing his “safety, dignity, and ability to perform his job would not be protected.”
He contends he “exhausted every reasonable avenue available to him.”
“Ultimately, the hostile work environment became so intolerable that Plaintiff suffered significant emotional distress, was forced to resign, causing damage to his professional reputation, and economic losses as a result,” the complaint states.
Garcia seeks reinstatement or, in the alternative, front pay; back pay; compensatory damages; injunctive relief requiring the Navy to implement and enforce anti-harassment training and reporting; pre- and post-judgment interest; and attorney fees.
Arnona Rose LLC in Metairie, Louisiana, is representing him in the case.
