UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

OTIS D. YELVERTON,

Plaintiff,

vs.

THE UNIVERSITY ATHLETIC

ASSOCIATION, a Florida Not For

Profit Corporation,

Defendant.

Case No. 1:20-cv-274

JURY TRIAL DEMANDED

COMPLAINT FOR EMPLOYMENT DISCRIMINATION

Plaintiff, Otis D. Yelverton, by and through undersigned counsel, sues the

defendant, the University Athletic Association, a Florida not-for-profit

corporation, for employment discrimination and alleges:

PARTIES

1. Plaintiff, Otis D. Yelverton, (“Yelverton”) is a Black male citizen of

the United States, who, at all relevant times, was employed, as the Assistant

Director of Player Personnel, by the Defendant, the University Athletic

Association (“UAA”).

2. The Defendant UAA is a Florida not-for-profit corporation with 15 or

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more employees, whose principle address is 121 Gale Lemerand Dr., Ben Hill

Griffin Stadium, Gainesville, FL 32611 (i.e., the UAA is located within the

football stadium on the University of Florida campus), whose purpose, pursuant to

Article II of its Amended and Restated Articles of Incorporation is: “This

Corporation is organized and shall be operated exclusively to receive, hold, invest

and administer property and to make expenditure to or for the benefit of the

University of Florida. More specifically, the purpose of this Corporation shall be

to promote education and science and to encourage, stimulate and promote the

health and physical welfare of the students of the University of Florida and the

youth of the State of Florida by teaching, practicing and applying the most

approved scientific methods and principles conducive to that end, and by

encouraging, conducting and maintaining all kinds of amateur athletics,

games, contests, meets, exhibits and field sports at the University of Florida,

and at other places in the State of Florida, and in such other places in the United

States and foreign countries as it may be lawful to conduct the aforesaid

activities.”

JURISDICTION AND VENUE

3. This Court has jurisdiction over this matter pursuant to 28 U.S.C.

§1331 as this matter involves a federal question based upon Title VII of the Civil

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Rights Act of 1964, as codified, 42 U.S.C. §§ 2000e to 2000e-17 (race, color,

gender, religion, national origin).

4. The Gainesville Division of the Northern District of Florida is the

proper venue for this action pursuant to 28 U.S.C. §1391 (b)(1) and (b)(2) because

this is the District and Division in which the Defendant resides and in which a

substantial part of the events or omissions giving rise to plaintiff Yelverton’s

claims occurred.

PROCEDURAL PREREQUISITES

5. On March 19, 2020, plaintiff Yelverton filed a Charge of

Discrimination against Defendant UAA with the Equal Employment Opportunity

Commission ("EEOC").

6. Plaintiff Yelverton received a Right to Sue Letter dated September 3,

2020 on September 18, 2020, and fewer than ninety days have elapsed since either

September 3, 2020, or the September 18, 2020 date when plaintiff received the

Right To Sue letter. 

FACTS

7. Plaintiff Yelverton was hired by the Defendant UAA on January 3,

2018 to serve as the Assistant Director of Player Personnel. 

8. During his employment at the Defendant UAA, Plaintiff Yelverton

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was subjected to harsher disciplinary measures than comparable White employees.

9. During his employment at the Defendant UAA, Plaintiff Yelverton

was denied promotional opportunities despite his education, training, and

experience. 

10. In 2018, when Plaintiff Yelverton was serving as Assistant Director

of Player Personnel, the Defendant UAA failed to pay Plaintiff at the same rate as

it previously paid White men who previously held the position.

11. In 2018, when the Director of Player Personnel position became open,

Plaintiff Yelverton, the Assistant Director of Player Personnel applied for the

position, the Defendant UAA passed over Plaintiff and hired Chuck Cantor, a

White man, for the position. 

12. When the Director of Player Personnel position became vacant in

2019, Plaintiff Yelverton served as the Acting Director of Player Personnel

between February and March of 2019. Subsequently, the UAA again failed to

promote Plaintiff, and hired Charlie Skalaski, a less qualified White man, for the

Director’s position.

13. At all relevant times the Defendant UAA knew that Plaintiff

Yelverton was highly qualified and should have been promoted, but failed to do so

because Plaintiff is Black.

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14. At all relevant times Plaintiff Yelverton stayed at the UAA because

he believed that the UAA would increase his salary to equal the salary of White

coaching personnel.

15. In 2019, approximately a month after Plaintiff was passed over for

promotion for the second time, Plaintiff was discharged for reasons unrelated to

job performance when he was falsely accused of criminal behavior by a colleague. 

16. Although the colleague’s allegations were unsubstantiated and the

State Attorney declined to file charges against Plaintiff, the Defendant pretextually

discharged Plaintiff.

17. In Plaintiff Yelverton's experience, Black UAA employees try to be

unobtrusive and never complain about racial discrimination experienced on the job

out of a well-founded fear of being fired by the UAA or blackballed, or both. 

18. During his employment at the Defendant UAA, Plaintiff Yelverton

was subjected to an open and obvious hostile work environment of overt racism as

expressed by, and practiced by, Defendant’s employees Laird Veatch, Jaime

McCloskey, and Mike Ford.

19. During his employment at the Defendant UAA, Plaintiff Yelverton

received no training from the Defendant regarding equal employment issues; and

as a result, at all relevant times, Plaintiff Yelverton was not aware of the UAA's

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formal procedures to initiate a complaint or grievance regarding racial

discrimination.

COUNT I: 

VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

20. Plaintiff Yelverton realleges and incorporates paragraphs 1-19, as set

forth fully herein.

21. Plaintiff Yelverton’s race was the determining factor in Defendant

UAA's decision to pay Plaintiff less then White employees holding comparable

positions.

22. Plaintiff Yelverton’s race was the determining factor in Defendant

UAA's decision to not promote Plaintiff.

23. Plaintiff Yelverton’s race was the determining factor in Defendant

UAA's decision to terminate Plaintiff.

24. Defendant UAA knowingly and willfully discriminated against

Plaintiff Yelverton on the basis of his race in violation of Title VII of the Civil

Rights Act of 1964. 

WHEREFORE, Plaintiff Yelverton demands a trial by jury and

respectfully requests the following relief:

Entry of judgment in favor of Plaintiff Yelverton and against Defendant

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UAA to include;

1. Back pay;

2. Reinstatement, or in the alternative, front pay;

3. Compensatory and punitive damages to include future pecuniary and

non-pecuniary losses, including suffering, mental anguish, inconvenience, and loss

of enjoyment of life.

4. Punitive damages for the Defendant’s discriminatory practices “with

malice or with reckless indifference to the federally protected rights of an

aggrieved individual.”

5. Attorneys fees and costs; and,

6. Such other relief as this court deems just and proper.

Respectfully submitted,

 /s/ N. Albert Bacharach, Jr. 

N. Albert Bacharach, Jr.

Florida Bar No.: 209783

Attorney for Plaintiff Yelverton

N. Albert Bacharach, Jr., P.A.

4128 NW 13th Street

Gainesville, FL 32609-1807

352-378-9859 FAX: 352-338-1858

E-Mail: courtdocuments@nabjr.com

N.A.Bacharach@att.net

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