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5th Cir 9 FEP ADEA affirmative affirmative action Age Discrimination agency agreement alleged amended application attorney award back pay basis black employees Board charge Chicago Chicago defendants Chicago Police Department Circuit City defendants Civil Rights Act claim class action Commission Company complaint conciliation consent decree Corp counsel Court of Appeals crimination decision defendant's denied Department discharge disclosure discriminatory EEOC employ Equal Employment evidence F.Supp fact Federal fendant filed finding Full Text H. K. Porter hiring Hispanic IBEW injunction issue Judge judgment jurisdiction Labor layoff letter litigation LRRM ment motion to dismiss notice officers parties persons plain plaintiff ployees ployment procedure promotion provides pursuant racial discrimination reason relief remedy Rule S.Ct Section seniority sion statute subpoena suit SupCt supra teachers Text of Opinion tiff tion Title VII tive trial U.S. District Court union United violation