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42 GERR action administrative AFL-CIO African American agency alleged amendment appeals court arbitration argued attorneys authority award benefits bias bill Circuit Civil Rights Committee complaint Congress contract County Court of Appeals decision defense denied Department disability discharge discrimination dismissal e-mail EEOC Employee Relations Report employment evidence failed federal employees filed firefighters FMLA funding Government Accountability Office Government Employee Relations hiring Homeland Security Homeland Security Department House human capital issue Judge July jury Labor Management ment MSPB National Office outsourcing overtime percent personnel plaintiffs ployees position protected represented request retaliation claim retirement school district sector Senate Sept sexual harassment summary judgment supervisor Supreme Court teachers telework tion Title VII told BNA trial court U.S. Court U.S. District Court U.S. Supreme Court violation Washington whistleblower workers workforce