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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
NAPOLEON BRACY, JR., )
)
Plaintiff, )
)
CIVIL ACTION NO.
v. )
1:24-CV-00455-JB-M
)
AUSTAL USA, LLC, )
)
Defendant. )
ANSWER
Defendant Austal USA, LLC (“Austal” or “Defendant”) submits the following in response
to the allegations made by Napoleon Bracy, Jr. (“Bracy” or “Plaintiff”) in the Complaint (Doc. 1),
filed December 6, 2024, in the above-captioned matter. Defendant responds to the corresponding
numbered paragraphs of the Complaint as follows:
PRELIMINARY STATEMENT
1. In response to paragraph 1 of the Complaint, Defendant admits that Plaintiff is a
former employee of Defendant and admits that Plaintiff purports to bring this action pursuant to
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and 42 U.S.C. § 1981a. Defendant
denies that Plaintiff is entitled to any relief under any of the statutes cited in his Complaint. Except
as expressly admitted herein, Defendant denies the allegations of paragraph 1 of the Complaint.
JURISDICTION AND VENUE
2. In response to paragraph 2 of the Complaint, Defendant admits that Plaintiff
purports to bring this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981 and
42 U.S.C. § 1981a. Defendant denies that Plaintiff is entitled to relief under any of the statutes
cited in his Complaint. Except as expressly admitted herein, Defendant denies the allegations of
paragraph 2 of the Complaint.
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3. In response to paragraph 3 of the Complaint, Defendant admits that Plaintiff is
invoking jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343(a)(4), and 28 U.S.C. §§ 2201 and 2202.
Except as expressly admitted herein, Defendant denies the allegations of paragraph 3 of the
Complaint.
4. In response to paragraph 4 of the Complaint, Defendant denies that any unlawful
employment practices occurred but admits that venue is proper within the Southern District of
Alabama. Except as expressly admitted herein, Defendant denies the allegations of paragraph 4 of
the Complaint.
5. In response to paragraph 5 of the Complaint, Defendant admits that Plaintiff filed
a Charge of Discrimination with the Equal Employment Opportunity Commission (“EEOC”).
Except as expressly admitted herein, Defendant denies the allegations of paragraph 5 of the
Complaint.
6. In response to paragraph 6 of the Complaint, Defendant admits that Plaintiff
requests a jury trial. Except as expressly admitted herein, Defendant denies the allegations of
paragraph 6 of the Complaint.
PARTIES
7. In response to paragraph 7 of the Complaint, Defendant admits that Plaintiff, upon
information and belief, is a resident of Mobile County, Alabama, is an African-American male,
and further admits that he was employed by Defendant at its Mobile, Alabama location. Except as
expressly admitted herein, Defendant denies the allegations of paragraph 7 of the Complaint.
8. In response to paragraph 8 of the Complaint, Defendant admits that it is an
employer pursuant to 42 U.S.C. § 12111(5) and does business in the State of Alabama, employing
more than 500 employees. Except as expressly admitted herein, Defendant denies the allegations
of paragraph 8 of the Complaint.
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9. In response to paragraph 9 of the Complaint, Defendant admits that Plaintiff was
employed by Defendant. Except as expressly admitted herein, Defendant denies the allegations of
paragraph 9 of the Complaint.
FACTUAL ALLEGATIONS
10. In response to paragraph 10 of the Complaint, Defendant admits that Plaintiff was
a hired as a Work Force Outreach Coordinator in or about May 2013. Except as expressly admitted
herein, Defendant denies the allegations of paragraph 10 of the Complaint.
11. In response to paragraph 11 of the Complaint, Defendant admits that Plaintiff was
promoted to Manager of Diversity, Inclusion and Affirmative Action in 2016. Except as expressly
admitted herein, Defendant denies the allegations of paragraph 11 of the Complaint.
12. Defendant denies the allegations of paragraph 12 of the Complaint.
13. In response to paragraph 13 of the Complaint, Defendant admits that Plaintiff was
elected to the Alabama House of Representatives in 2010 as a Representative of District 98 in
Mobile County and assumed office on or about November 3, 2010. Except as expressly admitted
herein, Defendant denies the allegations of paragraph 13 of the Complaint.
14. In response to paragraph 14 of the Complaint, Defendant admits that Plaintiff’s
status as a Representative was known at the time he was hired by Defendant. Except as expressly
admitted herein, Defendant denies the allegations of paragraph 14 of the Complaint.
15. In response to paragraph 15 of the Complaint, Defendant admits that it allowed
Plaintiff to serve as a state representative and take leave for performing those duties and that
Plaintiff entered time that he purportedly took off to perform his duties as a state representative as
“jury duty.” Except as expressly admitted herein, Defendant denies the allegations of paragraph
15 of the Complaint.
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16. In response to paragraph 16 of the Complaint, Defendant is without information
sufficient to admit or deny the allegations of the paragraph and therefore denies the allegations of
the paragraph.
17. In response to paragraph 17 of the Complaint, Defendant admits that it allowed
Plaintiff time off of work to perform duties as a state representative. Except as expressly admitted
herein, Defendant denies the allegations of paragraph 17 of the Complaint.
18. In response to paragraph 18 of the Complaint, Defendant is without information
sufficient to admit or deny the allegations of the paragraph and therefore denies the allegations of
the paragraph.
19. In response to paragraph 19 of the Complaint, Defendant admits that the Alabama
State House of Representatives was responsible for setting the schedule for legislative work and
legislative sessions. Except as expressly admitted herein, Defendant denies the allegations of
paragraph 19 of the Complaint.
20. In response to paragraph 20 of the Complaint, Defendant admits that, in February
2024, it hired a new Vice President of Human Resources, Kristin Parsons, who is a Caucasian
female. Except as expressly admitted herein, Defendant denies the allegations of paragraph 20 of
the Complaint.
21. In response to paragraph 21 of the Complaint, Defendant admits that Plaintiff
missed work during the week of March 11-15, 2024. Except as expressly admitted herein,
Defendant denies the allegations of paragraph 21 of the Complaint.
22. Defendant denies the allegations of paragraph 22 of the Complaint.
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23. In response to paragraph 23 of the Complaint, Defendant admits that Plaintiff was
terminated on or about March 22, 2024. Except as expressly admitted herein, Defendant denies the
allegations of paragraph 23 of the Complaint.
24. Defendant denies the allegations of paragraph 24 of the Complaint.
25. Defendant denies the allegations of paragraph 25 of the Complaint.
26. In response to paragraph 26 of the Complaint, Defendant admits that Plaintiff
entered “jury duty” for March 12, 13, and 14. Except as expressly admitted herein, Defendant
denies the allegations of paragraph 26 of the Complaint.
27. In response to paragraph 27 of the Complaint, Defendant admits that Plaintiff
attempted to appeal his termination. Except as expressly admitted herein, Defendant denies the
allegations of paragraph 27 of the Complaint.
28. Defendant denies the allegations of paragraph 28 of the Complaint.
29. Defendant denies the allegations of paragraph 29 of the Complaint.
30. Defendant denies the allegations of paragraph 30 of the Complaint.
31. Defendant denies the allegations of paragraph 31 of the Complaint.
32. Defendant denies the allegations of paragraph 32 of the Complaint.
33. Defendant denies the allegations of paragraph 33 of the Complaint.
COUNT ONE
TERMINATION BECAUSE OF RACE PURSUANT
TO TITLE VII AND 42 U.S.C. § 1981
34. Defendant restates and incorporates by reference its responses to paragraphs 1-33
of the Complaint as if fully set out herein.
35. Defendant denies the allegations of paragraph 35 of the Complaint.
36. Defendant denies the allegations of paragraph 36 of the Complaint.
37. Defendant denies the allegations of paragraph 37 of the Complaint.
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38. Defendant denies the allegations of paragraph 38 of the Complaint.
39. Defendant denies the allegations of paragraph 39 of the Complaint.
40. Defendant denies the allegations of paragraph 40 of the Complaint.
41. Defendant denies the allegations of paragraph 41 of the Complaint.
In response to WHEREFORE paragraph located below paragraph 41 of the Complaint,
Defendant denies that Plaintiff is entitled to the relief requested or any relief whatsoever.
COUNT TWO
TERMINATION DUE TO RETALIATION FOR OPPOSING
DISCRIMINATION PURSUANT TO TITLE VII AND 42 U.S.C. § 1981
42. Defendant restates and incorporates by reference its responses to paragraphs 1-41
of the Complaint as if fully set out herein.
43. Defendant denies the allegations of paragraph 43 of the Complaint.
44. Defendant denies the allegations of paragraph 44 of the Complaint.
45. Defendant denies the allegations of paragraph 45 of the Complaint.
46. Defendant denies the allegations of paragraph 46 of the Complaint.
47. Defendant denies the allegations of paragraph 47 of the Complaint.
48. Defendant denies the allegations of paragraph 48 of the Complaint.
49. Defendant denies the allegations of paragraph 49 of the Complaint.
50. Defendant denies the allegations of paragraph 50 of the Complaint.
51. Defendant denies the allegations of paragraph 51 of the Complaint.
52. Defendant denies the allegations of paragraph 52 of the Complaint.
In response to the WHEREFORE paragraph located below paragraph 52 of the Complaint,
Defendant denies that Plaintiff is entitled to the relief requested or any relief whatsoever.
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AFFIRMATIVE DEFENSES
FIRST DEFENSE
Plaintiff’s Complaint fails to state a claim upon which relief can be granted.
SECOND DEFENSE
Some of Plaintiff’s claims may be barred by the applicable statute of limitations.
THIRD DEFENSE
Some of Plaintiff’s claims may be barred because of Plaintiff’s failure to satisfy
administrative prerequisites.
FOURTH DEFENSE
Some of Plaintiff’s claims may be barred because of Plaintiff’s failure to make them a
subject of a timely charge of discrimination.
FIFTH DEFENSE
Some or all the claims in the Complaint are barred by the limitations period and/or laches.
SIXTH DEFENSE
Some or all of the claims alleged in the Complaint and the relief sought are barred by the
doctrine of waiver, estoppel, and/or unclean hands.
SEVENTH DEFENSE
Some or all of the claims alleged in the Complaint and the relief sought are foreclosed
because Plaintiff has not done equity.
EIGHTH DEFENSE
Some of Plaintiff’s claims may be barred because they are outside the scope of Plaintiff’s
charge of discrimination filed with the EEOC.
NINTH DEFENSE
Defendant did not discriminate against the Plaintiff.
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TENTH DEFENSE
Defendant’s actions relative to Plaintiff were taken for legitimate, non-discriminatory, non-
retaliatory reasons.
ELEVENTH DEFENSE
In the alternative to the Tenth Defense, some or all decisions and/or actions challenged as
discriminatory and/or retaliatory in the Complaint made with respect to Plaintiff would have been
made in any event, for legitimate, non-discriminatory, non-retaliatory reasons.
TWELFTH DEFENSE
Plaintiff’s claims and/or damages may be barred and/or limited by the doctrine of after-
acquired evidence.
THIRTEENTH DEFENSE
Plaintiff has failed to mitigate his claimed damages.
FOURTEENTH DEFENSE
Plaintiff fails to state a claim that would warrant the award of punitive damages.
FIFTEENTH DEFENSE
Plaintiff is not entitled to punitive damages as none of the actions taken by Defendant
relative to Plaintiff were taken maliciously, intentionally, in bad faith or with callous or reckless
disregard for the federally protected rights of Plaintiff.
SIXTEENTH DEFENSE
Plaintiff was not subjected to any form of actionable discrimination.
SEVENTEENTH DEFENSE
Defendant is not liable for the activities alleged because Defendant had in place appropriate
policies against harassment and discrimination and adequate procedures to receive and remedy
complaints, and Plaintiff unreasonably failed to take advantage of these policies.
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EIGHTEENTH DEFENSE
Plaintiff cannot establish a prima facie case of discrimination.
NINETEENTH DEFENSE
Defendant denies that Plaintiff has suffered any damages as a result of any alleged acts
and/or omissions of Defendant.
TWENTIETH DEFENSE
Plaintiff cannot establish that he engaged in protected activity.
TWENTY-FIRST DEFENSE
There is no causal connection between any alleged protected activity and any alleged
adverse action.
TWENTY-SECOND DEFENSE
Plaintiff was an at-will employee.
TWENTY-THIRD DEFENSE
Defendant expressly denies allegations not specifically admitted herein.
TWENTY-FOURTH DEFENSE
Defendant reserves the right to add any and all affirmative defenses applicable hereto
which are not at this time ascertained, but will be added by amendment once they are identified.
Respectfully submitted,
/s/ Kathryn M. Willis
KATHRYN M. WILLIS (WILLK8533)
kwillis@burr.com
BURR & FORMAN LLP
11 North Water Street, Suite 22200
Mobile, Alabama 36602
Telephone: 251-344-5151
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MATTHEW J. BAUER (BAUEM2774)
matt.bauer@austalusa.com
AUSTAL USA, LLC
100 Addsco Road
Mobile, Alabama 36602
Telephone: 251-455-7390
Attorneys for Defendant, Austal USA, LLC
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of the foregoing document by CM/ECF on this
the 2nd day of January, 2025.
Candis A. McGowan, Esquire
Lacey K. Danley, Esquire
Wiggins, Childs, Pantazis,
Fisher & Goldfarb, LLC
The Kress Building
301 19th Street North
Birmingham, Alabama 35203
cmcgowan@wigginschilds.com
ldanley@wigginschilds.com
s/ Kathryn M. Willis
OF COUNSEL:
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