Whether an employee's repeated complaints of unlawful and discriminatory treatment can provide the basis for a legitimate, nonretaliatory reason to terminate the employee for asserted 'insubordination'

QUESTIONS PRESENTED 1. Whether an employee’s repeated complaints of unlawful and discriminatory treatment and the employee’s failure to cease making such complaints when the underlying discrimination remains unaddressed by the employer can, without more, provide the basis for a legitimate, nonretaliatory reason, as a matter of law, to terminate the employee for asserted “insubordination.” 2. Whether the remedial purposes of Title VII protections will be severely limited if the EEOC is deemed not to be on notice and to have had no duty to investigate an employee’s discrimination claim expressly included in materials filed with the employee’s charge to that agency; and 3. Whether it is an abuse of discretion under the Federal Rules of Civil Procedure’s liberal pleading amendment provision to deny a litigant leave to amend to add a count for disability discrimination to a Title VII Complaint prior to the commencement of discovery and especially where the defendant was on notice of the claim.