A county fire department, undergoing re-organization due to budget shortfalls, eliminated four “Training Captain” positions and replaced them with three lieutenant level “Training Instructor” positions. The plaintiff, a white male, was one of the displaced Training Captains. He applied for one of the new positions and exceeded the stated qualifications. Interviews were conducted by three persons who were not firefighters or trainers and who had not been given copies of the job description. Two of the interviewers were known to be proponents of affirmative action. The stated policy was to consider interview results as only one factor in hiring. The plaintiff was rejected. One of those hired was a minority person who did not meet the minimum qualifications. The county has an affirmative action plan, but claimed that its decision was based (in conflict with its stated policy) solely on the results of the interview. The rejected candidate sued.