Facts

Plaintiff John Elizondo was an employee of defendant United States Department of the Navy, U.S. Marine Corps. for over 25 years, 20 of which as an active duty Marine. From 1995 until 2000, Elizondo worked as a Range Control Officer at Camp Pendleton, reporting to Airspace Manager/Deputy Doe. Elizondo was terminated in December 2000. Elizondo filed suit against the Navy alleging national origin discrimination, national origin harassment, retaliation in violation of Title VII, and retaliation in violation of whistleblower statutes. The judge dismissed all claims prior to trial except national origin discrimination.

PLAINTIFF'S CONTENTIONS:
Elizondo contended that Deputy Doe made derogatory and racist comments to him and other Latino employees. He further claimed that nothing was done when he reported Deputy Doe's discrimination, harassment, and safety issues to superiors. Elizondo alleged that he was discriminated against and harassed by Deputy Doe, who scrutinized his work, took away responsibilities, disciplined him, and fired him unjustly.

DEFENDANTS' CONTENTIONS:
Secretary Marbus contended Elizondo was removed after failing to follow direct orders on numerous occasions and after numerous meetings during which he was counseled against such behavior. Marbus further contended that Deputy Doe never made derogatory or racist comments to Elizondo or to any other Latino employee. Marbus also contended Elizondo never complained about any alleged discrimination, harassment or safety issues.

Injuries

Elizondo sought damages for loss of earnings, general damages, special damages, reinstatement, and attorney fees.

Result

The jury rendered a verdict for the defense.

Other Information

The trial judge was a former Marine.

Deliberation

1.5 hours

Poll

8-0

Length

seven days