Michael Roberts, an African American truck driver, applied in person for a tractor trailer truck driver position at a trucking company on March 22, 2007 in response to a newspaper advertisement.

The qualifications for the job included at least one year of experience as truck driver, and he had over 5 years of experience as a truck driver.

Michael Roberts was not contacted nor interviewed by the company about the status of his application. About three months later, Michael saw an identical advertisement for tractor trailer truck drivers. Upon inquiry, he learned that 8 persons (all white) had been hired as truck drivers in the last three months.

All the truck drivers had less than 4 years of experience as truck drivers. The company said that Roberts was not hired because no opening existed when he applied. Roberts filed a discrimination complaint in District Court.

a) What issue(s) are involved in the above case - consider the McDonnell-Douglas test?

b) If you were a judge how would you rule? Did the employer discriminate unlawfully? Why or why not?