Marc Brown is a chemical engineer with a graduate degree from MIT. Mr. Brown is African American. He applied for a chemical engineering position with Kincaid Paper Company. Although he was qualified for the job, he was not offered the position. Mr. Brown happened to see the job advertised in the newspaper 2 weeks after he had been rejected.

Question

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Mr. Brown can offer evidence to satisfy the elements of a prima facie case, which includes showing that: (1) he belongs to a protected class (African American); (2) he applied for and was qualified for the job; (3) despite his qualifications, he was rejected; and (4) the job remained open and the employer continued to seek applicants with similar qualifications. Seeing the job advertised after he was rejected suggests that the employer continued to seek applicants, satisfying the fourth element. Mr. Brown would then need to show that discrimination was the reason he was not hired, such as by pointing to evidence of discriminatory comments or actions by the employer.

Marc Brown Is a Chemical Engineer with a Graduate Degree