Manual Lerma, a Mexican-American, responded to an advertisement announcing the availability of a custodial position at the Harlingen, Texas, post office. The applications were independently rated. Lerma placed third on the hiring list with a score of 95 points out of 110. Immediately behind Lerma was a white male named Ricky Schwab with a rating of 94. Schwab had worked at the Harlingen post office on a temporary basis in the past. After interviewing the four top candidates, the postmaster appointed Schwab to the vacant custodial position. As a persuasive factor in his decision to choose Schwab over the other candidates, the postmaster cited the favorable recommendation of a supervisor who had observed Schwab during his temporary work at the post office.
Lerma brought a Title VII action against the Postal Service, alleging that the failure to hire him was discrimination based on his race and national origin.
The Postal Service contended that no discrimination took place, that Lerma failed to establish a prima facie case under Title VII, and that legitimate reasons existed for selecting Schwab over Lerma.
On the basis of the facts given, did Lerma establish a prima facie case under Title VII? If so, what must the defendant do to avoid liability? Decide. [Lerma v. Balger, 29 FEP 1829 (5th Cir.)]