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action administrative affirmed African-American AFSCME alleged appellate court applicants arbitrator award bargaining agreement benefits charge city's claim compensation complaint conduct constitutional corrections officer court concluded court found court held Court of Appeals court ruled defendants denied department's deputy determined disability discharge disciplinary discipline discrimination dismissed drug testing due process duty Eleventh Amendment employee's employment evidence failed favor Federal Court Decisions federal district court female filed fire firefighter FLSA Fourteenth Amendment grievance hearing hired hostile work environment inmates issue jury liability ment misconduct officer's overtime plaintiff police department police officer position protected public employees qualified immunity racial refused remanded retaliation retirement school board school district sexual harassment sheriff's speech statute suit summary judgment supervisor teacher termination tion Title IX Title VII trial court U.S. Circuit Court U.S. Supreme Court union upheld vicarious liability violated workers