Case 1:15-cv-23825-KMW Document 1 Entered on FLSD Docket 10/13/2015 Page 1 of 9

UNTIED STATE DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
(Miami Division)
Case No:
DAVID BALDWIN,
Plaintiff,
vs.
ANTHONY FOXX, in his official capacity as
Secretary Of The United States Department Of
Transportation, and MICHAEL P. HUERTA, in his
official capacity as Administrator Federal
Aviation Administration,
Defendants.
________________________________________________________/
COMPLAINT
Plaintiff, David Baldwin, sues Defendants Anthony Foxx, in his official capacity as
Secretary of the United States Department of Transportation, and Michael P. Huerta, in his
official capacity as Administrator Federal Aviation Administration (“Defendants”), and states the
following:
Introduction
1. Plaintiff, David Baldwin (“Plaintiff” or “Mr. Baldwin”) is a former employee of Defendants,
and sues Defendants under the discrimination provisions of Title VII of the Civil Rights Act
of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”) for sex discrimination (sexual
orientation) and retaliation. Plaintiff seeks back pay, compensatory damages, punitive
damages, reinstatement or front pay, injunctive relief and attorney’s fees.
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LAW OFFICE OF LOWELL J. KUVIN
17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808

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2. Plaintiff claims that Anthony Foxx, as the Secretary of the Department of Transportation
violated the Federal Civil Rights statute that prohibits employers from discriminating against
employees in the terms and conditions of employment because of their sex.
3. Plaintiff claims that Michael P. Huerta, as the Administrator of the Federal Aviation
Administration, violated the Federal Civil Rights statute that prohibits employers from
discriminating against employees in the terms and conditions of employment because of their
sex.
4. Specifically, Mr. Baldwin claims that Anthony Foxx and Michael P. Huerta violated his
Federal Civil Rights when they denied him a promotion to a permanent positon as a Front
Line Manager at Miami Tower TRACON (“Miami Tower”) because of his sex.
Jurisdiction, Venue And Parties
5. This is an action arising under, inter alia, Title VII.

This Court has federal-question

jurisdiction over Plaintiff’s federal claims pursuant to 28 U.S.C. § 1331.
6. Plaintiff, David Baldwin, is a male who at all times material was employed by Defendant as a
non-permanent Front Line Manger (“FLM”), from approximately October 21, 2010 to
October 31, 2013 at the Miami Tower facility located at 6400 N.W. 22nd Ct. Miami Florida
33122.
7. Venue is proper in the Miami Division of the United States District Court for the Southern
District of Florida because the claims arose in Miami-Dade County, Florida.
8. Plaintiff was employed as a non-permanent Front Line Manager at the Federal Aviation
Administration (“FAA”).

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LAW OFFICE OF LOWELL J. KUVIN
17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808

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Satisfaction Of Conditions Precedent
9. On August 28, 2012, Plaintiff contacted an EEOC counselor and on December 21, 2012
timely filed a formal EEO complaint. Plaintiff alleged that the FAA subjected Plaintiff to
discrimination on the bases of his sex (male, sexual orientation) when on July 26, 2012 he
learned he was not selected for a permanent position as a FLM at the Miami Tower facility.
10. The FAA accepted the complaint for investigation and on July 12, 2013 the FAA issued its
Final Agency Decision (“FAD”).
11. The FAA did not address the merits of Plaintiff’s EEO claim, instead the FAA dismissed the
claim on the grounds that it had not been timely filed (45 days) as required by the EEOC
regulations.
12. Plaintiff timely appealed the FAA’s decision dismissing his EEO complaint as “untimely” to
the EEOC on August 18, 2013.
13. On July 15, 2015, the EEOC reversed the FAA’s dismissal and remanded the issue for
further administrative processing.
14. Furthermore, the July 15, 2015 EEOC decision stated that Mr. Baldwin’s allegations of
discrimination on the basis of his sexual orientation state a claim of discrimination on the
basis of sex within the meaning of Title VII.
15. The July 15, 2015 EEOC decision is binding upon federal agencies, including the FAA.
16. Plaintiff was given the option of filing a civil action in an appropriate United States District
Court within 90 calendar days from the date [Plaintiff] received [the EEOC] decision.
17. All conditions precedent to the bringing of this action have been satisfied or waived.
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LAW OFFICE OF LOWELL J. KUVIN
17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808

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The Applicable Statutes
18. Title VII of the Civil Rights Act of 1964, as amended, provides in pertinent part at 42 U.S.C.
§ 2000e-2(a) as follows:
It shall be an unlawful employment practice for an employer —
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against
any individual with respect to his compensation, terms, conditions, or privileges of
employment, because of such individual’s race [or] sex ...; or
(2) to limit, segregate, or classify his employees or applicants for employment in any way
which would deprive or tend to deprive any individual of employment opportunities or
otherwise adversely affect his status as an employee, because of such individual’s race [or]
sex....
Facts Common to Counts I & II
19. Plaintiff is a member of a protected class.
20. Plaintiff is male and gay.
21. At all times mentioned in this cause of action, all provisions of Title VII of the Civil Rights
Act of 1964, as amended were in full force and effect and were binding on Defendants.
22. Plaintiff was a temporary FLM working at Miami Tower pursuant to Vacancy
Announcement Number: ASO-ATO-10-A181-124846.
23. At all times relevant to this suit, Juan Fuentes and Mark Scott were Plaintiff’s supervisors
while he worked at Miami Tower.
24. Juan Fuentes was responsible for making decisions regarding the terms of Plaintiff’s
employment and was aware Plaintiff is male and gay.
25. Plaintiff’s direct supervisor Mark Scott provided input to Juan Fuentes which affected the
terms and conditions of Plaintiff’s employment. Mark Scott was aware Plaintiff is male and
gay.
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LAW OFFICE OF LOWELL J. KUVIN
17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808

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26. In 2011 and 2012 at least three other persons less qualified, and outside of Plaintiff’s protect
class, were promoted to permanent FLM positions at Miami Tower.
27. Vacancy Announcement ASO-ATO-12-A194-26194 was open from June 11 through June
25, 2012 for a permanent Front Line Manager position at Miami Tower.
28. Plaintiff’s supervisor, Juan Fuentes was the selecting official for the open permanent FLM
position.
29. Plaintiff’s supervisor Mark Scott provided input to Juan Fuentes regarding the selection of a
candidate for promotion to permanent FLM at Miami Tower pursuant to Vacancy
Announcement ASO-ATO-12-A194-26194.
30. As a temporary FLM, Plaintiff was in a position to be allocated to a permanent FLM position
without having to apply.
31. On several occasions, Plaintiff discussed with his supervisor(s) his desire to be promoted to a
permanent FLM position at Miami Tower.
32. Plaintiff was qualified for the permanent FLM position at Miami Tower.
33. A less qualified person, outside of Plaintiff’s protected class, was offered the ASO-ATO-12A194-26194 position for the permanent FLM position at Miami Tower.
34. At least in part because Plaintiff is male and gay, he was not chosen for the permanent FLM
position at Miami Tower.
Count I
Sex Discrimination (Sexual Orientation Discrimination) In Violation of Title VII
35. Plaintiff re-alleges paragraphs 1 through 34 of the Complaint as set forth above.
36. Disparaging remarks concerning Plaintiff’s sexual orientation were made by Mark Scott,
Plaintiff’s direct supervisor.
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LAW OFFICE OF LOWELL J. KUVIN
17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808

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37. Plaintiff once mentioned that he and his same sex partner attended Marti Gras in New
Orleans. Plaintiff’s direct supervisor Mark Scott told Plaintiff “we don’t need to hear about
that gay stuff.”
38. On several occasions Plaintiff was told he was “a distraction in the radar room” when he
participated in conversations that included mentioning his same sex partner.
39. After mentioning that Plaintiff’s same sex partner prepared his lunch that he brought to work
each day, Plaintiff’s direct supervisor Mark Scott stated the “ comment was inappropriate”
and to “get out of the radar room with that kind of talk.”
40. Plaintiff was threatened with disciplinary action if he did not report to work even though he
was ill. When Plaintiff showed up for work he was threatened with disciplinary action
because he reported for work “unfit for duty.”
41. Employees in relationships with partners of the opposite sex were not subjected to a hostile
work environment by Plaintiff’s supervisors.
42. The fact that Plaintiff is male and gay was a motivating factor in the decision to not promote
Plaintiff to the permanent FLM position at Miami Tower.
43. Plaintiff was singled out due to his sexual orientation and treated differently than
heterosexual co-workers by his supervisors.
44. Plaintiff was singled out due to his sexual orientation and treated differently than
heterosexual co-workers by his supervisors due to inappropriate gender stereotyping.
45. The motivating factor in not promoting Plaintiff to permanent FLM position at Miami Tower
was because of his sex.

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LAW OFFICE OF LOWELL J. KUVIN
17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808

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46. Defendants’ decision to not promote Plaintiff to the permanent FLM position at Miami
Tower was based upon the recommendation of Plaintiff’s supervisor.
47. The fact that Plaintiff is a male and gay was a motivating factor in the supervisor’s
recommendation.
48. As a direct, natural and proximate result of the treatment by Defendants, Plaintiff has
suffered damages, including but not limited to lost wages and benefits, future pecuniary
losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life,
and other non-pecuniary losses.
49. Defendants’ treatment of Plaintiff has also caused him irreparable harm through the violation
of his federal statutory rights against sex discrimination, for which there is no adequate
remedy at law.
50. Plaintiff is entitled, pursuant to § 2000e-5(k), to recover a reasonable attorney’s fee, litigation
expenses and costs.
WHEREFORE, Plaintiff, David Baldwin prays that this Court will grant judgment:
One, awarding judgment against ANTHONY FOXX and MICHAEL P. HUERTA, for the
back pay, front pay and benefits to which Mr. Baldwin would have been entitled but for
Defendants’ sexually discriminatory acts in violation of Title VII;
Two, awarding judgment against ANTHONY FOXX and MICHAEL P. HUERTA for
compensatory damages for emotional pain and suffering;
Three, awarding plaintiff his costs, including a reasonable attorney’s fee, pursuant to 42
U.S.C. § 2000e-5(k);
Four, prejudgment interest on damages awarded for past, but not future injuries
Five, granting such other and further relief as is just.

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LAW OFFICE OF LOWELL J. KUVIN
17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808

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Count II – Retaliation In Violation of Title VII
51. Plaintiff re-alleges paragraphs 1 through 34 of the Complaint as set forth above.
52. Plaintiff alleges he was retaliated against in violation of the Civil Rights Act of 1964, §
704(a), 42 U.S.C.A. § 2000e–3(a).
53. Plaintiff engaged in a statutorily protected activity when Plaintiff complained to the
Accountability Board that he was subjected to harassment at work due to his sexual
orientation (gay male). 1
54. On or about November 17, 2012, Plaintiff filed an Accountability Board complaint alleging
that he was being subjected to harassment at work due to his sex (sexual orientation).
55. On or about December 21, 2012, Plaintiff filed his formal EEO complaint.
56. Subsequent to his complaint, Plaintiff’s supervisors retaliated against him by not promoting
Plaintiff to a permanent FLM position.
57. The decision to not promote Plaintiff to a permanent FLM position was caused in part by
Plaintiff’s complaints.
58. Because of the retaliation by his supervisors and the fact that Plaintiff was not promoted to a
permanent FLM position at Miami Tower, Plaintiff’s chances for promotion(s) within the
FAA, that would have allowed Plaintiff to continue his career, were severely affected.
59. Plaintiff has suffered damages as a proximate or legal result of Defendants’ retaliation and
failure to promote Plaintiff to a permanent FLM position at Miami Tower.
WHEREFORE, Plaintiff, David Baldwin prays that this Court will grant judgment:

The FAA Accountability Board’s purpose is to provide oversight and ensure that management is accountable
for responding to allegations of sexual harassment, misconduct of a sexual nature, harassment or other
misconduct based on race, color, religion, sex, national origin, sexual orientation, age, and disability and
related reprisal.
1

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LAW OFFICE OF LOWELL J. KUVIN
17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808

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One, awarding judgment against ANTHONY FOXX and MICHAEL P. HUERTA, for the back
pay and benefits to which Mr. Baldwin would have been entitled but Defendants’ retaliation;
Two, awarding judgment against ANTHONY FOXX and MICHAEL P. HUERTA for
compensatory damages for emotional pain and suffering;
Three, awarding plaintiff his costs, including a reasonable attorney’s fee, pursuant to 42 U.S.C.
§ 2000e-5(k);
Four, prejudgment interest on damages awarded for past, but not future injuries
Five, granting such other and further relief as is just.
Demand for Jury Trial
Plaintiff, David Baldwin, demands trial by jury on all issues so triable.
Respectfully Submitted October 13, 2015,
/s Lowell J. Kuvin, Esq.
Lowell J. Kuvin
Fla. Bar No.:53072
lowell@kuvinlaw.com
Law Office of Lowell J. Kuvin
17 East Flagler St. Suite 223
Miami Florida 33131
Tele: 305.358.6800
Fax: 305.358.6808
Attorney for Plaintiff

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LAW OFFICE OF LOWELL J. KUVIN
17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808