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action ADEA airline alleged Appeals affirmed applied arbitration asserting at-will at-will employment benefit plan breach of contract Circuit affirmed Circuit Court claim collective bargaining agreement company's compensation benefits complaint contractor Corp corporation court affirmed court dismissed court found court granted pretrial court held Court of Appeals court reversed court ruled coverage coworker decision denied disability district court driver duty EEOC emotional distress employee appealed employee sued employment entitled ERISA evidence failed federal court filed fired FLSA former employee granted pretrial judgment hired injury insurer jury lawsuit liability manager negligent negligent hiring Ninth Circuit NLRB pension preempted prohibited punitive damages reasonable refused retirement reversed and remanded S.Ct Seventh Circuit sexual harassment statute sued the company sued the employer supervisor termination Title VII trial court U.S. Court U.S. Supreme Court unfair labor practice union violation wage workers wrongful discharge