An African-American employee sought promotion to a chemist position with supervisory responsibilities. 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 certification. The second-ranked candidate scored 28 points lower. A panel of three (all white persons) 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 interviews. The highest score on the interview was 52, and he African American employee ranked 3rd with a score of 48. The interviewers attributed that lower score to the employees not clearly explaining how his skills would be used on the job and how he planned to move the country’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 fir promotional positions, although it didn’t always do so. The African American employee sued. What should the court decide? Why?