Miscellaneous
2. Discimination
Canino v. United States Equal Employment Opportunity Commission (1983), F.2d 468. The complaint in a disparate treatment Title VII action must initially establish a prima facie case of discrimination by showing that plaintiff belongs to a protected group, that he applied and was qualified for a job for which employer was seeking applicants, that, despite his qualifications, he was rejected, and that, after his rejection, the position remained open and employer continued to seek an/or select an applicant with similar qualifications. R.C. 124.341.
Burrus v. United Telephone Company of Kansas, Inc. (1982), 683 F.2d. 339. Where applicants for a position have objective qualifications that are equal, it is within employer's discretion to choose among them so long as decision is not based on unlawful criteria. R.C. 124.341.
McDonnell Douglas Corporation v. Green (1973), 411 U.S. 792. The requirement of equal employment opportunities does not command that any person be hired simply because he was formerly the subject of discrimination, or because he is a member of a minority group; discriminatory preference for any group, minority or majority, is precisely and only what Congress has proscribed and what is required by Congress is the removal of artificial, arbitrary, and unnecessary barriers to employment when the barriers operate to discriminate on the basis of racial or other impermissible classification. R.C. 124.341.