EXHIBIT A

Case 1:20-cv-00648-RP Document 10-1 Filed 08/04/20 Page 1 of 6
DECLARATION OF ANDREW R. GRAY Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

BRYNNE SOUKUP,

Plaintiff

vs.

FRONTIER AIRLINES, INC. AND 

FLIGHT SERVICES & SYSTEMS, LLC,

Defendants.

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Civil Action No. 1:20-CV-648-RP

DECLARATION OF ANDREW R. GRAY

I, Andrew R. Gray, make the following declaration pursuant to 28 U.S.C. § 1746 and 

hereby declare under penalty of perjury that the following is true and correct:

1. My name is Andrew R. Gray. I am over the age of 21 and am otherwise 

competent to make this declaration. The statements in this declaration are based on my personal 

knowledge and are true and correct.

2. I am an attorney of record for Defendant Frontier Airlines, Inc. 

3. Attached hereto as Exhibit A is a true and correct copy of Plaintiff Brynne 

Soukup’s Charge of Discrimination, dual-filed with the Equal Employment Opportunity 

Commission and the Texas Workforce Commission.

I declare under penalty of perjury that the foregoing is true and correct and that this 

declaration was executed in Travis County, Texas, on August 4, 2020.

/s/ Andrew R. Gray 

Andrew R. Gray

Case 1:20-cv-00648-RP Document 10-1 Filed 08/04/20 Page 2 of 6
EXHIBIT A

Case 1:20-cv-00648-RP Document 10-1 Filed 08/04/20 Page 3 of 6
Apr. 22. 2019 11:28AM Ross Law, P. C. No. 3427 P. 3/5

eeoc Form 5 (11/09)

Charge of Discrimination Charge Presented To: Agency(ies) Charge No(s):

| | FEPA

0 EEOC

Th|a form la affected by the Privacy Act of 1974, See enclosed Privacy Act

Statement and other Information before completing thla form. 451-2019-02059

Texas Workforce Commission Civil Rights Division and EEOC

State orlocalAgency, if any

Name (Indicate Mr., Ms., Mrs.)

Ms. Brynne R. Soukup

Home Phone (Incl. Area Code) Date of Birth

07/14/1970

Street Address City, State and ZipCode

Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe

Discriminated Against Me or Others. (Ifmore than two, list under PARTICULARS below.)

Name No. Employees, Members Phone No. (Include Area Code)

Frontier Airlines, Inc. 15+

Street Address City, SiBie and ZIP Code

7001 Tower Road

Denver, CO 80249

Name No. Employees, Members Phone No. (Include Area Code)

Street Address City, State and ZIP Code

DISCRIMINATION BASED ON (Check appropriate box(es).) DATE(S) DISCRIMINATION TOOK PLACE

Earliest Latest

| I RACE | J COLOR j X | SEX | | RELIGION | | NATIONAL ORIGIN

|j( | RETALIATION | | AGE | | DISABILITY | | GENETIC INFORMATION

| | OTHER (Specify)

Dec. 2018 Mar. 2019

| | CONTINUING ACTION

THE PARTICULARS ARE (If additional paperIs needed, attach extra sheet(s)):

I began working for Respondent Flight Services & Systems, Inc. ("FSS") around September 2017 as a

General Manager before I was promoted to Western Regional Operations Director around February 2018. I was a productive employee with no disciplinary history.

FSS provides various services and staffing/personnel to commercial airline carriers. Respondent

Frontier Airlines, Inc. ("Frontier") is one such commercial airline carrier and is among FSS's largest clients, I

received training in Frontier's procedures and protocol as part of my employment and worked in close

association with Frontier's personnel.

On or about December 4, 2018, David Woodward, Regional Manager for Frontier, outed me as

transgender to one of my employees, Megan Gusha. Woodward referred to me as a "he-she" and a "waste of

space". On January 7, 2019, Woodward echoed this sentiment to Judy Newel, General Manager. Woodward

again told her that I am transgender and a "waste".

I want this charge filed with both the EEOC and ihe Slate or local Agency, if any, I NOTARY - When necessary for StateandLocalAgency Requirements

will advise the agencies if I change my address or phone number and I will

cooperate fully with thern in the processing of my charge in accordance with their

procedures, I swear or affirm lhal I have read the above charge and that ii is Irue to

the best of my knowledge, information and belief.

SIGNATURE OF COMPLAINANT

I declare under penalty of perjury thai the above Is true and correct.

04/19/2019 /5 SUBSCRIBED AND TM uctuic qui.

(month, day, year)

DANIELLE BRI0NES

''NcP*1 My Notary ID #131560866

Expires May 24, 2022

Date Charging Party Signature

REDACTED

REDACTED

Case 1:20-cv-00648-RP Document 10-1 Filed 08/04/20 Page 4 of 6
Apr. 22. 2019 11:28AM Ross Law, P. C. No. 3427 P. 4/5

EEQC Form 5 (11/09)

Charge of Discrimination Charge Presented To: Agency(ies) Charge No(s):

| | FEPA

0 EEOC

This form Is affected by (he Privacy Ad of 1974, See enclosed Privacy Act

Statement and other information before completing this form. 451-2019-02059

Texas Workforce Commission Civil Rights Division and EEOC

State orlocalAgency, Ifany

THE PARTICULARS ARE (If additional paperIs needed, attach extra sheet(s)):

I reported this disparate treatment to Lang Swearingen for FSS, President, and Phil Armstrong, Chief

Operations Officer for FSS. Upon information and belief, Respondents took no action; however, both

Respondents began acting differently toward me.

On January 21, 2019, 1 sent a formal written complaint to Frontier's HR, complaining about the abovereferenced discrimination. I further sent a copy of this correspondence to FSS.

Soon thereafter, I was informed that FSS was requiring me to accept a transfer to New Orleans, LA.

Per a correspondence dated February 25, 201 9 from David A, Morris, Human Resources Manager, I had until

March 10, 2019 (13 days) to agree to the transfer or else I would be terminated. The same correspondence

noted that this decision was "not reflective of [my] performance." However, the transfer also came with a

demotion in job title and job responsibilities. Per the terms of the transfer agreement, I would also be placed

under a "probationary period", during which time if I failed to meet certain undefined "performance standards

and expectations", I would be terminated. When I refused to accept this unwarranted and meritless transfer,

demotion, and probation, Respondents terminated me.

[ believe I have been discriminated against because of sex in violation of Title VII of the Civil Rights Act

of 1964, as amended, and the Texas Labor Code. I also believe I have been retaliated against for opposing

unlawful discrimination in violation of Title Vll of the Civil Rights Act of 1964, as amended, and the Texas

Labor Code.

• s v.

I want this charge filed with both Lhe EEOC and Lhe State or local Agency, if any, I NOTARY - necessary for, and Local Agency Requirements

will advise the agencies if I change my address or phone number and I will

cooperate fully with them in lhe processing of my charge in accordance wilh their

procedures.

I declare under penalty of pegury that the above la true and correct.

I swear or affirm that I have read the above charge and thai it is true to

the best of my knowledge, Information and belief.

SIGNATURE OF COMPLAINANT

04/1 9/2019 0 SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE

(month, day, year}

w

DANIELLE BRIONES

My Notary ID #131580868

Expires May 24, 2022

Date Charging Party Signature

Case 1:20-cv-00648-RP Document 10-1 Filed 08/04/20 Page 5 of 6
Apr. 22. 2019 11:28AM Ross Law, P. C. No. 3427 P. 5/5

451-2019-02059

CP Enclosure with EEOC Form 5 (11/09)

Privacy Act Statement: Under the Privacy Act of 1 974, Pub. Law 93-579, authority to request

personal data and its uses are:

1. Form Number/Title/Date. EEOC Form 5, Charge of Discrimination (1 1/09).

2. AUTHORITY. 42 U.S.C. 2000e-5(b), 29 U.S.C. 211, 29 U.S.C. 626, 42 U.S.C, 12117, 42 U.S.C. 2000fM3.

Principal Purposes. The purposes of a charge, taken on this form or otherwise reduced to

writing (whether later recorded on this form or not) are, as applicable under the EEOC anti

discrimination statutes (EEOC statutes), to preserve private suit rights under the EEOC statutes,

to invoke the EEOC's jurisdiction and, where dual-filing or referral arrangements exist, to begin

state or local proceedings.

3.

Routine Uses. This form is used to provide facts that may establish the existence of matters

covered by the EEOC statutes (and as applicable, other federal, state or local laws). Information

given will be used by staff to guide its mediation and investigation efforts and, as applicable, to

determine, conciliate and litigate claims of unlawful discrimination. This form may be presented to

or disclosed to other federal, state or local agencies as appropriate or necessary in carrying out

EEOC's functions. A copy of this charge will ordinarily be sent to the respondent organization

against which the charge is made.

4.

Whether Disclosure is Mandatory; Effect of Not Giving Information. Charges must be

reduced to writing and should identify the charging and responding parties and the actions or

policies complained of. Without a written charge, EEOC will ordinarily not act on the complaint.

Charges under Title VII, the ADA or GINA must be sworn to or affirmed (either by using this form

or by presenting a notarized statement or unsworn declaration under penalty of perjury); charges

under the ADEA should ordinarily be signed. Charges may be clarified or amplified later by

amendment. It is not mandatory that this form be used to make a charge.

5.

Notice of Right to Request Substantial Weight Review

Charges filed at a state or local Fair Employment Practices Agency (FEPA) that dual-files charges

with EEOC will ordinarily be handled first by the FEPA. Some charges filed at EEOC may also be

first handled by a FEPA under worksharing agreements. You will be told which agency will handle

your charge. When the FEPA is the first to handle the charge, it will notify you of its final

resolution of the matter. Then, if you wish EEOC to give Substantial Weight Review to the FEPA's

final findings, you must ask us in writing to do so within 15 days of your receipt of its findings.

Otherwise, we will ordinarily adopt the FEPA's finding and close our file on the charge.

Notice of Non-Retaliation Requirements

Please notify EEOC or the state or local agency where you filed your charge if retaliation is

taken against you or others who oppose discrimination or cooperate in any investigation or

lawsuit concerning this charge. Under Section 704(a) of Title VII, Section 4(d) of the ADEA,

Section 503(a) of the ADA and Section 207(f) of GINA, it is unlawful for an employer to

discriminate against present or former employees or job applicants, for an employment agency to

discriminate against anyone, or for a union to discriminate against its members or membership

applicants, because they have opposed any practice made unlawful by the statutes, or because

they have made a charge, testified, assisted, or participated in any manner in an investigation,

proceeding, or hearing under the laws. The Equal Pay Act has similar provisions and Section

503(b) of the ADA prohibits coercion, intimidation, threats or interference with anyone for

exercising or enjoying, or aiding or encouraging others in their exercise or enjoyment of, rights

under the Act.

Case 1:20-cv-00648-RP Document 10-1 Filed 08/04/20 Page 6 of 6