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legal grounds and with a similar factual situation, unless there has been an <br />intervening change in law or fact. <br />(2) Nothing in this subsection shall be construed to- <br />(A) alter the standards for intervention under rule 24 of the Federal Rules of Civil Procedure or <br />apply to the rights of parties who have successfully intervened pursuant to such rule in the <br />proceeding in whichthe parties intervened; <br />(B) apply to the rights of parties to the action in which a litigated or consent judgment or order <br />was entered, or of members of a class represented or sought to be represented in such action, <br />or of members of a group on whose behalf relief was sought in such action by the Federal <br />Government; <br />(C) prevent challenges to a litigated or consent judgment or order on the ground that such <br />judgment or order was obtained through collusion or fraud, or is transparently invalid or was <br />entered by a court lacking subject matter jurisdiction; or <br />(D) authorize or permit the denial to any person of the due process of law required by the <br />Constitution. <br />(3) Any action not precluded under this subsection that challenges an employment consent judgment or order <br />described in paragraph (1) shall be brought in the court, and if possible before the judge, that entered such <br />judgment or order. Nothing in this subsection shall preclude a transfer of such action pursuant to section 1404 <br />of Title 28 \[United States Code\]. <br />OTHER UNLAWFUL EMPLOYMENT PRACTICES <br />SEC. 2000e-3. \[Section 704\] <br />(a) Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings <br />It shall be an unlawful employment practice for an employer to discriminate against any of his employees or <br />applicants for employment, for an employment agency, or joint labor-management committee controlling <br />apprenticeship or other training or retraining, including on—the-job training programs, to discriminate against <br />any individual, or for a labor organization to discriminate against any member thereof or applicant for <br />membership, because he has opposed any practice made an unlawful employment practice by this subchapter, <br />or because he has made a charge, testified, assisted, or participated in any manner in an investigation, <br />proceeding, or hearing under this subchapter. <br /> <br />