TIMOTHY BAILEY 

IN THE UNITED STATES DISTRICT 

COURTFORTHENORTHERN 

DISTRICT OF FLORIDA 

Plaintiff, 

V. Civil Action No. I · 'J. I c:.11 o I fV\vJ Jw 

ROBERT WILKIE, 

SECRETARY 

DEPARTMENT OF VETERANS 

AFFAIRS, 

Defendant. 

Jury Trial Demand 

COMPLAINT FOR DAMAGES. 

DECLARATORY AND EQUITABLE RELIEF 

Mr. Timothy Bailey, Plaintiff, by and through undersigned counsel, files this 

Complaint for Damages and Equitable Relief, and shows the Court as follows: 

I. Preliminary Statement 

1. This action seeks actual damages, declaratory, injunctive and equitable relief, 

compensatory damages, costs and another relief deemed appropriate by this Court 

for the race discrimination, disability discrimination, reprisal and hostile work 

environment suffered by Plaintiff, Timothy Bailey ("Mr. Bailey") in his treatment 

by Defendant. 

II. Jurisdiction 

2. This action is brought for discrimination based on sex (male), age (year of birth 

1968), and retaliation (prior EEO activity) under Title VII of the Civil Rights Act 

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Case 1:21-cv-00001-MW-GRJ Document 1 Filed 01/05/21 Page 1 of 6
of 1964, as amended, and the Rehabilitation Act. The jurisdiction of this court is 

invoked to secure protection and redress deprivation of rights secured by federal 

law which prohibits discrimination against employees because of their protected 

class and protected activities. 

3. The jurisdiction of this Court is invoked pursuant to its original jurisdiction over 

cases and controversies arising under federal law, pursuant to 28 U.S.C. § 1331, 

and all prerequisites to bringing this suit have been met. This suit is properly 

before the court. 

4. Plaintiff made timely informal Equal Employment Opportunity ("EEO") contact 

regarding counseling the claims at issue in this action on or about December 27, 

2019, and Plaintiff subsequently timely filed a formal complaint of discrimination 

on or about February 19, 2020 and amended on April 1, 2020. A copy of the 

formal complaint is attached and incorporated as if set forth herein. 

5. Plaintiff requested a final agency decision on or around October 9, 2020 and 

files this Complainat within 90 days of receiving same. This Complaint is 

timely. 

III. Venue 

6. This action properly lies in the United States District Court for the Northern 

District of Florida, pursuant to 29 U.S.C. § 1391(b), because the claim arose in 

this judicial district, and pursuant to 42 U.S .C. § 2000e-5(f)(3), because the 

unlawful employment practice was committed in this judicial district. 

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IV. Parties 

7. Mr. Bailey was an employee with the Department of Veterans Affairs at all 

relevant times. 

8. Mr. Bailey is a resident of Lakecity, Columbia County, Florida and is a citizen of 

the United States. 

9. The Defendant is a federal government agency and has offices throughout the 

United States, including in Gainesville, Florida. Defendant is an employer, 

engages in an industry affecting commerce, and, upon information and belief, 

employs over 500 regular employees. 

V. Facts 

10. At all relevant times, Mr. Bailey, African American, was a Human Resource 

Assistant, GS-0203-07, HRMS, at the Gainesville VA Medical Center in 

Gainesville Florida. 

11. At times relevant, Plaintiff engaged in protected oppositional activity when 

he informed Elizabeth Shotwell, HRMS, that he was performing GS-12 duties 

and requested a Direct Hire to place him in the position, and Ms. Shotwell 

denied the request even though he was qualified. 

12. Plaintiff was a GS-07 performing GS-12 duties, including announcements, 

sending tentative and firm offer letters, an consultations with the services. 

13. Elizabeth Shotwell was Plaintiffs third line supervisor. 

Case 1:21-cv-00001-MW-GRJ Document 1 Filed 01/05/21 Page 3 of 6
14. The Agency subjected Planitff to discrimination based on sex, age, and 

reprisal when from November 12, 2019, and continuing, it required him to 

perform duties not at his grade. 

15. There was no legitimate, non-discriminatory reasons for the treatment. 

16. On November 12, 2019, Plaintiff was denied a direct hire to the position of 

HR specialist. 

17. This was discrimination based on sex, age, and reprisal. 

18. There was no legitimate, non-discrimiantory reason for the treatment. 

19. On May 22, 2020, Plaintiffs fourth level supervisor issued him a letter of 

counseling. 

20. There was no legitimite, non-discrimiantory reason for this letter of 

counseling. 

21. This was discrimination based on sex, age, and reprisal. 

VI. Count I: Violation of Title VII - Sex Discrimination 

22. Mr. Bailey incorporates by reference paragraphs 1-21 of his complaint as if 

fully set forth herein. 

23. Title VII prohibits discrimination in employment on the basis of sex. 

24. The actions of Defendant caused adverse employment actions. 

25. The actions were based on Plaintiffs sex. 

26. Plaintiff has suffered damages for which the Defendant is liable. 

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VII. Count II: Violation of Title VII - Age Discrimination 

27. Mr. Bailey incorporates by reference paragraphs 1-21 of his complaint as if 

fully set forth herein. 

28. Title VII prohibits discrimination in employment on the basis of age. 

29. The actions of Defendant caused adverse employment actions. 

30. The actions were based on Plaintiff's age. 

31. Plaintiff has suffered damages for which the Defendant is liable. 

VIII. Count III: Violation of Title VII - Reprisal 

32. Mr. Bailey incorporates by reference paragraphs 1-21 of his complaint as if 

fully set forth herein. 

33. Title VII prohibits discrimination in employment on the basis of race. 

34. The actions of Defendant caused adverse employment actions. 

35. The actions were based on protected activity and/or tainted by protected 

activity. 

36. Plaintiff has suffered damages for which the Defendant is liable. 

IX. Prayer for Relief 

Wherefore, Mr. Bailey prays that this Court: 

a. declare the conduct engaged in by the Defendant to be in violation 

of his rights, 

b. enjoin the Defendant from engaging in such conduct; 

c. award Mr. Bailey actual damages; 

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d. award Mr. Bailey compensatory damages; 

e. award Mr. Bailey costs and attorney's fees; and 

f. grant such other relief as it may deem just and proper. 

X. Jury Demand 

Mr. Bailey requests a jury trial on all questions of fact raised by this Complaint. 

Respectfully submitted today, 

Timothy Bailey 

P.O. Box 972 

Lake City, Florida 32056 

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