An African American employee sought promotion to a chemist position with supervisory re- sponsibilities. Promotions were based on the results of "certification" (based on education and work experience) and an interview. Because of his extensive experience, the African American employee received a score of 89 on the certifica- tion. The second-ranked candidate scored 28 points lower. A panel of three (all white people) interviewed the five candidates deemed qualified after the certification process. Interviews were scored, and a candidate's score was the average score given by the three interviewers. The highest score on the interview was a 52, and the African American employee ranked third with a score of 48. The interviewers attributed the lower score to the employee not clearly explaining how his skills would be used on the job and how he planned to move the county's environmental programs forward. The white male who scored highest on the interview was promoted, despite the fact that he had scored 34 points lower in the certification stage. The company has an informal policy of hiring from within for promotional positions, although it did not always do so. The African American employee sued. What should the court decide? Why? (Obi v. Anne Arundel County, Maryland, 142 F. Supp. 2d 655 (D. Md. 2001), affirmed, 2002 U.S. App. LEXIS 2716
(4th Cir.))