You are a captain on a fire department and recently tested applicants for your volunteer force. Twenty of the 35 applicants passed the written and physical agility test. Ten of the remaining 20 satisfactorily completed the oral board interview. All evaluative processes were conducted in the same manner (i.e., written and physical agility tests were exactly the same for all applicants, and the oral board questions were identical for all applicants). A background check on all remaining applicants revealed that one person had an arrest for theft in the last 3 years. The disposition showed that a plea to a lesser offense was entered and the applicant just recently came off of a 6-month probation. This applicant was denied entry into the department as a volunteer.

You received notification that the applicant with the theft charge filed an EEOC complaint against the department citing that he felt he was denied due to his Hispanic background. Your fire chief has asked you to provide a report of your evaluation of this applicant and identify whether there were any possible discriminatory practices.