David Dunlap, a 52-year-old African-American man, had 20 years’ experience as a boiler maker, including 15 years as a foreman. Most of Dunlap’s work experience had involved contract or temporary jobs in Tennessee Valley Authority facilities, but he had never been directly employed by the TVA. Dunlap asserted that he had been applying for a position with TVA since the 1970s but had not been successful. When he was one of 21 applicants interviewed for 10 available boilermaker positions, he was rejected. The selection committee, made up of five whites and one African American, individually scored the interviews before engaging in “score balancing” where they discussed their individual opinions to even out the scores, which changed considerably through that process. Dunlap’s technical expertise equaled that of five of the selected applicants, but his interview score was lower. Dunlap showed that he received lower scores on attendance than white applicants with similar records, as well as on safety compared with white applicants who had inferior records, as disclosed in the interview process. Dunlap was ranked 14th out of the 21 candidates. One African-American applicant was hired after he filed a discrimination complaint with the EEOC based on his similar failed attempts to secure employment with TVA. What claim or claims under Title VII might Dunlap have against the TVA? How would you rule? Explain.
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