MOORE, J., delivered the opinion of the court, in which MARTIN, DAUGHTREY, COLE, CLAY, GIBBONS, SUTTON, COOK, and GRIFFIN, JJ., joined. ROGERS, J. (p. 12), delivered a separate opinion concurring in the result. BOGGS, C.J. (pp. 13-18), delivered a separate dissenting opinion, in which BATCHELDER, GILMAN, and McKEAGUE, JJ., joined.
OPINION
KAREN NELSON MOORE, Circuit Judge.
Plaintiff-Appellant the Equal Employment Opportunity Commission ("EEOC") brings...
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