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Malcolm, an Asian American, applies for an executive position
with the employer, a health maintenance organization. Malcolm is
well qualified; he has a B.S. in biology from a large state
university and an M.D. from a prestigious private university.
Malcolm also has seven years’ experience practicing internal
medicine and recently obtained an Executive M.B.A. from a well-
respected business school. The employer interviewed Malcolm and
eight other candidates. Malcolm was one of two finalists brought
back for a final round of interviews. The employer’s selection
committee ultimately chose Robert, a White finalist with
slightly fewer qualifications but with experience in a similar
job for a competitor. The employer tells EEOC that given
Robert’s experience, it believed it would gain the most
competitive benefit by hiring him. The EEOC investigator
confirms Robert’s experience working for a