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11th Cir 1st Cir 2nd Cir 3rd Cir 49 Fair Empl 5th Cir accompanying text action ADEA provides ADEA's age discrimination aggrieved party amendment applies apprenticeship programs award Betts BFOQ bona fide occupational bona fide seniority cert Chapter Circuit Court Commission Cong Congress Corp Court of Appeals decision defense determined discharge discrimination in employment discriminatory disparate impact disparate treatment early retirement EEOC regulations EEOC's employee benefit plans employment practice enforcement equitable tolling establish evading the purposes exemption F.Supp facie federal employee fide occupational qualification fide seniority system filing firefighters individual interpretation involuntary retirement issue Labor liability liquidated damages litigation mandatory retirement older workers person plaintiff Prac prohibited protected class reasonable factors retirement benefits retirement program RFOA statute of limitations subterfuge supra note Supreme Court Thurston tion Title VII Trans World Airlines U.S. Postal Service U.S. Steel violation Westinghouse Elec