Karpe

BACKGROUND

25 Plaintiff Kevin Karpe worked as an air traffic controller for the Federal Aviation 26 Administration (“FAA”) for 31 years and is now retired. (Compl. ¶ 17). Plaintiff served 27 in various positions during his tenure with the FAA, including his most recent positions 28 as Operations Supervisor and Air Traffic Manager. (Compl. ¶ 20). Plaintiff was informed that these two positions were “Good Time” positions, and thus qualified for credits toward early retirement. (Compl. ¶¶ 5, 20–21). The more good time credits an employee earns, the earlier he or she can retire. (Compl. ¶ 5). Approximately two years before his retirement, Plaintiff discovered that these positions did not qualify for good time credits, notwithstanding the FAA’s representations. (Compl. ¶¶ 22–23). As a result, Plaintiff was unable to retire early and instead worked until age 56, the mandatory retirement age. (Compl. ¶¶ 13–14). Plaintiff appealed the FAA’s determination to deny his good time benefits. (Compl. ¶ 24). After losing his appeal, Plaintiff filed an EEOC complaint against the FAA, alleging the FAA’s misapplication and…