An veteran with a disability applied for a job as an EEOC investigator. Federal government hiring rules allow for the non-competitive appointment of veterans with service-connected disabilities of 30 percent or more. Candidates seeking consideration on a non-competitive basis are required to submit documentation verifying their eligibility. Accordingly, the applicant submitted several documents attesting to his disability. The applicant was reviewed for a non-competitive appointment, but not selected. The agency cited the applicant’s failure to satisfactorily meet one of its established hiring criteria— ability to communicate in writing— as the basis for the rejection. This judgment was based on the many typographical errors, run-on sentences, and fragments found on his application. The applicant sued under the ADA. What should the court decide? Why?