Adem Albra, proceeding pro se, appeals the district court’s dismissal of his complaint brought pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et. seq., and the Florida Omnibus *828 AIDS Act (“FOAA”), Fla. Stat. § 760.50. As a matter of first impression, we hold that individuals are not amenable to private suit for violating the ADA’s anti-retaliation provision, 42 U.S.C. § 12203, where the act or practice opposed by the plaintiff is made unlawful by the ADA provisions concerning employment, 42 U.S.C. §§ 12111-12117. We also hold that individuals are not amenable to private suit for violating § 760.50(3)(b) of the FOAA.
I. BACKGROUND
On July 3, 2006, Albra filed a pro se complaint against his employer, Advan, Inc., and Advan officers Wayne Abbott, Troy Abbott, and Myriam Abbott (collectively, the “Abbotts”). In the complaint, Albra alleged discrimination and retaliation based on his HIV status in violation of the ADA and the FOAA. On August 8, 2006, Albra executed service to Advan’s registered agent, Wayne Abbott, by sending a copy of the summons (but not the complaint) via U.S. mail. The Return of Service showed that Albra listed himself as the process server. On August 17th, My-riam was served by a non-party to the lawsuit. Albra filed a notice of Advan’s failure to answer the complaint on August 28th. In that notice, Albra stated that he had “followed Rule 4 of the Federal Rules of Civil Procedure and mailed the summons to the Registered Agent of the Corporation, Wayne Abbott.” On August 31st, service was executed to Wayne in his personal capacity.
On September 19th, pursuant to Federal Rule of Civil Procedure 12(b)(5), Advan filed a motion to dismiss the complaint for insufficiency of service. On that same date, pursuant to Rule 12(b)(6), Myriam and Wayne filed a motion to dismiss for failure to state a claim upon which relief may be granted on the ground that claims against individual defendants are not cognizable under either the ADA or the FOAA. Finally, service was executed to Troy on October 4th, and shortly thereafter, he notified the district court that he joined in Myriam and Wayne’s motion to dismiss.
In a written order, the district court granted Advan’s motion to dismiss, concluding that Albra had failed to effectuate service upon Advan in accordance with Rule 4(c) because he had personally served Advan through the mail. In that same order, the court granted the Abbotts’ motion to dismiss, holding that neither the ADA nor the FOAA countenance individual liability. In so holding, the court dismissed Albra’s complaint against Advan without prejudice and dismissed the complaint with prejudice as to the Abbotts. Albra now appeals.
II. DISCUSSION
On appeal, Albra argues that the district court erred in dismissing his complaint because (1) Advan was properly served, and (2) individual defendants may be liable under the ADA and the FOAA. Advan has moved for sanctions pursuant to Federal Rule of Appellate Procedure 38 on the ground that Albra’s appeal is frivolous. We address each argument in turn. 1
A. Service of Advan
Albra argues that service to Advan was proper because he mailed a copy of the summons to Advan’s registered agent, Wayne Abbott, who was also named as a
*829
defendant in the action. “We review the district court’s grant of a motion to dismiss for insufficient service of process under [Federal Rule of Civil Procedure] 12(b)(5) by applying a
de novo
standard to the law and a clear error standard to any findings of fact.”
Prewitt Enters., Inc. v. Org. of Petroleum, Exporting Countries,
Federal Rule of Civil Procedure 4(c) provides that service of process shall be effected by serving a summons
“together with a copy of the complaint. ...
within the time allowed under [Rule 4(m)] .... by any person
who is not a party
and who is at least 18 years of age.” Fed.R.Civ.P. 4(c) (emphasis added). A defendant’s actual notice is not sufficient to cure defectively executed service.
See Schnabel v. Wells,
Here, the record demonstrates that Al-bra, the plaintiff in the suit, served Advan by mailing a copy of the summons without attaching a copy of the complaint. Accordingly, Albra failed to properly effect service upon Advan in accordance with Rule 4(c), and the district court’s grant of Advan’s motion to dismiss was proper.
B. Dismissal of Albra’s Complaint Against the Abbotts
Albra also argues that the Abbots, as owners, officers, and managers of Advan, constitute “employers” under the ADA and the FOAA, and the district court thus erred in dismissing his complaint against them. A district court’s dismissal for failure to state a claim under Rule 12(b)(6) is reviewed
de novo. Hill v. White,
1. ADA Claims
The ADA prohibits disability discrimination in three areas: employment, public services, and public accommodations.
Shotz v. City of Plantation, Fla.,
a. Discrimination Under the ADA
Albra argues that the Abbotts are personally liable under the ADA for discriminating against him on account of his HIV status. The anti-discrimination provision of Subchapter I of the ADA provides that “[n]o covered entity shall discriminate against a qualified individual with a disability because of the disability of *830 such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” 42 U.S.C. § 12112(a). The term “covered entity” means “an employer, employment agency, labor organization, or joint labor-management committee.” Id. § 12111(2).
The ADA’s definition of “employer” is similar to that under Title VII and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 630(b), and this court has held that neither of those Acts countenance individual liability.
Mason v. Stallings,
Here, Albra’s ADA discrimination claim names the Abbotts as defendants in their individual capacities. Because individual liability is precluded for violations of the ADA’s employment discrimination provision, we conclude that the district court properly dismissed Albra’s discrimination claim against the Abbotts.
b. Retaliation Under the ABA
The ADA’s general anti-retaliation provision provides that “[n]o person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter .... ” 42 U.S.C. § 12203(a) (emphasis added). In the instant case, Albra argues that the Abbotts are personally liable under the ADA for retaliating against him after he filed formal charges of discrimination with the Equal Employment Opportunity Commission (“EEOC”) and the Florida Commission on Human Relations. Thus, the issue before this court is whether individual defendants may be personally liable for violating the ADA’s anti-retaliation provision when the “act or practice” opposed by the plaintiff is made unlawful by the ADA provisions concerning employment (Subchapter I).
In
Shotz,
a panel of this court held that individual liability is not precluded for violations of the ADA’s anti-retaliation provision, 42 U.S.C. § 12203(a), where the act or practice opposed by the plaintiff is made unlawful by the ADA provisions concerning
public services,
42 U.S.C. §§ 12131-12165 (Subchapter II).
Shotz,
The
Shotz
panel then examined the remedies created by the ADA, noting that the remedies for persons injured by retaliation in the public services context incorporate
*831
the remedies set forth in Title VI of the 1964 Civil Rights Act, 42 U.S.C. §§ 2000d
et seq.,
and courts generally have concluded that Title VI precludes individual liability.
Shotz,
Finding the plain language and statutory structure unhelpful in ascertaining Congress’s intent, the Shotz panel turned to the legislative history and purpose of the ADA and found both to be “equally unhelpful.” Id. at 1176-77.
The panel then examined the Department of Justice (“DOJ”) regulations construing the ADA. Id. at 1177. The relevant DOJ regulation provides that “[n]o private or public entity shall discriminate against any individual because that individual has opposed any act or practice made unlawful by this part....” 28 C.F.R. § 35.134. The DOJ defines a “private entity” as “a person or entity other than a public entity.” 28 C.F.R. § 36.104 (emphasis added). And the appendix to the regulations provides that
Section 35.134 implements section 503 of the ADA, which prohibits retaliation against any individual who exercises his or her rights under the Act.... [T]he section applies not only to public entities subject to this part, but also to persons acting in an individual capacity or to private entities. For example, it would be a violation of the Act and this part for a private individual to harass or intimidate an individual with a disability in an effort to prevent that individual from attending a concert in a State-owned park.
28 C.F.R. pt. 35, App. A at 532, 56 Fed. Reg. 35,696, 35,707 (July 26, 1991) (“Preamble to Regulation on Nondiscrimination on the Basis of Disability in State and Local Government Services,” “Section-by-Section Analysis”). From this language, the
Shotz
panel concluded that the DOJ “has interpreted § 12203 as rendering those individuals acting in their individual capacities amenable to private suit.”
Shotz,
After stating that “Congress expressly authorized the Attorney General to make rules with the force of law interpreting and implementing the ADA provisions generally applicable to public services!,]” the Shotz panel concluded that the DOJ’s construction of § 12203 was reasonable and *832 accorded Chevron 2 deference to the DOJ regulations. Id. at 1179. The panel thus held that “an individual may be sued privately in his or her personal capacity for violating § 12203 in the public services context.” Id. at 1180.
In reaching its holding, the Shotz panel expressly declined to decide whether individual liability is also precluded for violation of the ADA’s anti-retaliation provision in the employment context. Id. at 1173. Thus, as stated above, the question before us in the instant case is whether individual defendants may be personally liable for violating § 12203 when the act or practice opposed by the plaintiff is made unlawful by the ADA provisions concerning employment — that is, Subchapter I.
We first look to the plain language of § 12203(a), which, again, provides that “[n]o
person
shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter_” 42 U.S.C. § 12203(a) (emphasis added). As the
Shotz
panel noted, § 12203(a) “is the only anti-discrimination provision in the ADA that uses the unqualified term ‘person’ to define the regulated entity[,]” and Sub-chapter I of the ADA defines the word “person” to include “individuals.”
Shotz,
The remedies for violation of the ADA’s anti-retaliation provision in the employment context are set forth in 42 U.S.C. § 12117. 42 U.S.C. § 12203(c).
4
Section 12117, in turn, explicitly incorporates the remedies available under Title VII.
See id.
§ 12117(a);
5
Baird v. Rose,
192 F.3d
*833
462, 471-72 (4th Cir.1999). Title VII “prohibits discrimination
by the same entities as prohibited by Subchapter I
of the ADA regulating employment....”
Shotz,
In
Shotz,
this court determined that limiting the scope of remedies for violations of § 12203 in the public services context (Subehapter II) to that available under Title VI “would deviate considerably from the intent and purpose of the [ADA,]” because Subchapter II of “the ADA makes
any
public entity liable for prohibited acts of discrimination, regardless of funding source[,]” while “Title VI remedies are available only against federal funds recipients.”
Shotz,
For these reasons, we conclude that individual liability is precluded under § 12203 where the act or practice opposed by the plaintiff is made unlawful by Sub-chapter I of the ADA.
2. FOAA Claim
Finally, Albra argues that the Ab-botts are personally liable for discriminating against him in violation of the FOAA, Fla. Stat. § 760.50. In relevant part, the FOAA provides:
No person may fail or refuse to hire or discharge any individual, segregate or classify any individual of employment opportunities or adversely affect his status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of knowledge or belief that the individual has taken a human immunodeficiency virus test or the results or perceived results of such test unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification of the job in question.
Fla. Stat. § 760.50(3)(b).
Although this court has yet to address the issue of individual liability under the FOAA, in
Huck v. Mega Nursing Services, Inc.,
the District Court for the Southern District of Florida found “the spirit of the [FOAA]” to be similar to that of Title VII and the ADA “in the area of employer/employee liability.”
In light of the language of the [FOAA] and upon reviewing the case law of similar statutes, this Court is convinced that the Florida Legislature did not intend to provide a cause of action against individual employees. Rather, the [FOAA] creates a cause of action for employees who have been discriminated against by their employing entity.
Id. at 1464-65. We agree.
Section 760.50(2) of the FOAA provides that “[a]ny person with or perceived as having [AIDS, AIDS-related complex, or HIV] shall have
every 'protection
made available to
handicapped persons.”
Fla. Stat. § 760.50(2) (emphasis added). The Florida Civil Rights Act (“FCRA”), Fla. Stat. § 760.01-760.10, provides that it is an unlawful employment practice for an employer to discriminate against an individual on the basis of,
inter alia,
an individual’s
“handicap.”
Fla. Stat. § 760.10(l)(a) (emphasis added). “The FCRA is modeled after Title VII, so that federal case law regarding Title VII is applicable to construe the Act.”
Byrd v. BT Foods, Inc.,
*835
Because the FOAA provides that persons with HIV or AIDS “shall have every protection made available to
handicapped
persons,” Fla. Stat. § 760.50(2) (emphasis added), the FCRA prohibits employment discrimination on the basis of an individual’s
handicap,
Fla. Stat. § 760.10(l)(a), and the FCRA is to be “construed in conformity with the” ADA,
Byrd,
C. Advan’s Motion for Rule 38 Sanctions
Advan argues that this court should impose sanctions against Albra under Federal Rule of Appellate Procedure 38 because Albra’s claims on appeal are “frivolous” in light of the “well-settled law.” Rule 38 provides that “[i]f a court of appeals determines that an appeal is frivolous, it may, after a separately filed motion or notice from the court and reasonable opportunity to respond, award just damages and single or double costs to the appellee.” Fed. R.App. P. 38.
Here, Albra’s appeal was not “frivolous,” as this court’s resolution of the appeal required us to decide two issues of first impression in this circuit. We therefore deny Advan’s motion for Rule 38 sanctions.
III. CONCLUSION
For the foregoing reasons, we AFFIRM the district court’s dismissal of Albra’s complaint against Advan and the Abbotts, and we DENY Advan’s motion for sanctions.
Notes
. Albra also raises several other arguments on appeal that were not presented in the district court below. "[Arguments not presented in the district court will not be considered for the first time on appeal.”
Sterling Fin. Inv. Group, Inc. v. Hammer,
.
Chevron, U.S.A., Inc. v. Natural Res. Def. Council, Inc.,
. "The term ‘employer means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year....” 42 U.S.C. § 2000e(b) (emphasis added). "The term 'person includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations....” Id. § 2000e(a) (emphasis added).
. Section 12203(c) provides:
The remedies and procedures available under sections 12117, 12133, and 12188 of this title shall be available to aggrieved persons for violations of subsections (a) and (b) of this section, with respect to subchapter I, subchapter II and subchapter III of this chapter, respectively.
42 U.S.C. § 12203(c).
.Section 12117(a) provides:
The powers, remedies, and procedures set forth in sections 2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9 of this title shall be the powers, remedies, and procedures this subchapter provides to the [Equal Employment Opportunity] Commission, to the *833 Attorney General, or to any person alleging discrimination on the basis of disability in violation of any provision of this chapter, or regulations promulgated under section 12116 of this title, concerning employment.
42 U.S.C. § 12117(a).
. Although Congress delegated authority to the EEOC to implement Subchapter I of the ADA,
see
42 U.S.C. § 12116, the ADA’s anti-retaliation provision, § 12203, is outside of Subchapter I, and the Supreme Court has stated that “[n]o agency ... has been given authority to issue regulations implementing the generally applicable provisions of the ADA.”
Sutton v. United Air Lines, Inc.,
. Notably, the District Courts of the Middle, Northern, and Southern Districts of Florida have held that individual employees may not be sued under the FCRA’s employment discrimination provisions. See
Lapar
v.
Potter,