Mohammed has applied for a custodial job and has been rejected. He believes that his rejection is because of his Arab heritage. He is able to show two years of custodial experience and has successfully performed each of the jobs listed on the position's job description. He subsequently discovers that the job continued to be advertised after his rejection. When he files a complaint alleging disparate impact discrimination with the EEOC, the employer asserts that Mohammed did not meet the qualifications, which included a minimum of 10 years' experience and a high school degree. How should the court decide this case?
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