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11th Cir 3d Cir 7th Cir ADEA claim administrative age discrimination agreement alleged amended applied arbitration attorney award cause of action cert charge Circuit affirmed Circuit held Civil Rights Act contract Corp court found court held decision defendant defendant's denied Disabilities Act discharge discrimination claim discriminatory dismissal disparate impact district court early retirement EEOC Employment Discrimination equitable tolling ERISA estoppel evidence facie federal Fifth Circuit filed front pay hiring intent JNOV jury Labor liability limitations liquidated damages litigation ment negligent hiring noted offer plaintiff plaintiff's claim position preempted pretext protected public policy reason release remedy retaliation reversed rule S.Ct Second Circuit Section Seventh Circuit Sexual Harassment standard statement statute statute of frauds statutory summary judgment supervisor Supp supra Supreme Court termination Third Circuit tion Title IX Title VII tort triable issue trial violation workers Workplace