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 positions 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 their qualifications which included a minimum of ten years experience and a high school degree.How should the court decide this case?
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