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11th Cir 2d Cir 7th Cir ADEA adverse employment action affirmative age discrimination alleged Amendment animus applied arbitration argues attorney award Baber burden Circuit Judge City Civil Rights Act complaint conclude conduct Congress Corp decision defendant defendant's dence denied discrimination claim discriminatory dismissed district court Dockins Durham EEOC Eleventh Amendment Ellerth employee Entergy entitled EPD f equitable tolling ERISA Evans evidence facie fact failed Faragher favor federal filed fired FMLA genuine issue Gierlinger Gleason granted Hafford hired hostile work environment inference intent Johnson jury jury's manager matter of law McDonnell Douglas ment motion NASD OFCCP party performance plain plaintiff ployee position promotion race racial reason remand retaliation Riviera Beach Rule S.Ct sexual harassment statement statute summary judgment supervisor Supreme Court termination tiff tion Title VII tive United States District v—see verdict violation Wal-Mart Zema