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9th Cir accrued compensatory ADA's add the following affirmative affirmative action agreement Alden alleged Amendment arbitration at-will employment basis of race benefits BFOQ cause of action cert Circuit held claim clause Congress Conoco contract Corp corrective Court held court of appeals coverage covered entity decision defendant Delta dispute dissenting district court EEOC employment enforcement ERISA fact federal Ferrill Ferrill's FLSA following note following to note Gilmer granted grievance Griffin harassment Harris County hire impairment individual injury inquiries Insurance interpretation issue job applicant job-related jury Labor legitimate business reason liable Lucky Stores major life activities Marcy ment Montana Supreme Court overtime person petitioners physical plaintiff prohibits protection provides public policy punitive damages question race-matched racial respondent SCSA statute statutory Steeltek stevedoring subsection substantially limits sued summary judgment supervisor terminated Title VII TPG's uncorrected wage waive waiver WDEA workers wrongful discharge