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9th Cir ADA claim ADEA aﬁer age discrimination alleged Amendment appeal apply arbitration agreement award beneﬁts Circuit reversed class action class certiﬁcation compensatory and punitive compensatory damages complaint conduct conﬂict Court found Court held decision defendant deﬁnition denied determined discharge discrimination claim discriminatory dismissed District Court granted EEOC Eighth Circuit Eleventh Eleventh Amendment Ellerth employee enforcement equitable tolling evidence F 3d federal ﬁled ﬁled suit ﬁling ﬁnd ﬁnding ﬁred ﬁrst FMLA Fourth Circuit front pay granted summary judgment hired hostile work enviromnent individual issue jury liability litigation major life activity manager Ofﬁce ofﬁcer plaintiff prohibited protected punitive damages qualiﬁed race discrimination racial reasonable accommodation retaliation retum Rule S.Ct Second Circuit Section Seventh Circuit sexual harassment signiﬁcant speciﬁc statute substantially limited sufﬁcient summary judgment supervisor Supp Supreme Court Tenth Circuit Title VII Title VII claim trial violation Wal-Mart