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11th Cir 1st Cir 3d Cir 7th Cir administrative affd affirmative action affirmative action plan agency alleged applied Ass'n AT&T Technologies Auth award back pay barred BFOQ burden cert challenged Chapter City claim class action class members consent decree contract Corp County Court held Courts continue D.C. Cir defendant defendant's denied Dep't discriminatory dismissed disparate impact disparate treatment district court EEOC EEOC charge EEOC's Elec employee enforcement equitable tolling factor federal filing front pay hiring Hosp Indus issue J.C. Penney labor litigation LRRM M.D. Fla N.D. Cal OFCCP party position preclude pretext Price Waterhouse promotion proof racial reasonable rejected remanded remedy rev'd rule S.D. Ohio School Dist seniority system sexual harassment statistical evidence suit summary judgment supervisor Supp supra note Supreme Court termination Title VII trial United vacated violation Wards Cove Workers