Whether federal District Court jury instructions and decisions on motions for summary judgment must be consistent with Babb v. Wilkie's statutory framework and specifically:

1. As to summary judgment whether the "shall be made free from any discrimination" permits summary judgment of: (a) federal-sector adverse personnel decisions when a combination of sex and age (i.e., older female) are considered in the process of making those decisions; and (b) damages caused by consideration of EEO activity during the process of making adverse personnel actions.

2. In jury instructions, failing to instruct the jury on what constitutes differential treatment and failing to instruct on burden shifting to the defendant under LeSage and Mt. Healthy.

Subsidiary questions are whether these errors prejudiced the outcome at trial; whether Babb v. Wilkie is applied to federal employee Title VII claims, and whether it bans retaliation in federal employment under 42 U.S.C. § 2000e-16(a).

Whether federal District Court jury instructions and summary judgment decisions must be consistent with Babb v. Wilkie's statutory framework regarding discrimination in federal employment