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9th Cir administrative affirmative action Age Discrimination agency agreement Airlines alleged applied at-will basis benefits BFOQ breach California cause of action cert Circuit claim Code collateral estoppel Company comparable worth compensation complaint conduct contract Corp court held covenant CUIAB Davidson decision defense denied determination disability discharged for misconduct discriminatory dismissal disparate impact doctrine EEOC employment discrimination enforcement ERISA fair dealing faith and fair federal filed handicap discrimination handicapped individuals issue judicial liability litigation male maternity leave ment OFCCP party performance personnel plaintiff preempted preemption pregnancy pregnant employees procedures proceeding prohibiting protected public policy reason refused Rehabilitation Act release remedy require Rptr rule Section 504 sex discrimination sexual harassment Signetics statute summary judgment supervisor Supp supra Supreme Court tion Title VII tort Unemployment Insurance violated Title VII wages workers wrongful discharge wrongful termination