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"
of the challenged personnel action in order to prove discrimination, retaliation cause
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 gender-discrimination 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.

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