Whether the federal-sector provision of Title VII requires a plaintiff to prove sex was a 'motivating factor' rather than a 'but for' cause of the challenged personnel action

QUESTIONS PRESENTED The questions presented are: . I. Whether the federal-sector provision of Title VII (42 U.S.C. § 2000e-16(a)), which provides in pertinent part that "All personnel actions affecting employees or applicants for employment ...shall be free from any discrimination based on sex..." requires a plaintiff to prove that sex was a "motivating factor" rather than a “but for" cause of the challenged personnel action in order to prove discrimination, retaliation and harassment/hostile work environment. ; II. Whether Title VII 41 U.S.C. § 2000e-2(m) also applies to a federal employee and requires her to prove that sex was a "motivating factor" rather than a "but for" cause of the challenged personnel action in order to prove a claim. If so, whether a federal employer waives its right to limiting a . federal employee’s remedies pursuant to 42 U.S.C. § 2000e-5(g)(2)(B) when it failed to plead a same decision affirmative defense. III. Whether Title VII's anti-retaliation provision (42 U.S.C. § 2000e-3, §§703 and 704) extends to a federal employee and protects her from adverse action because she cooperated with her supervisor's internal investigation of a hostile work environment claim. i