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Edward Roberts, a black truck driver, applied in person for a tractor trailer truck driver position at a trucking company on March 31, 2005, in response to a newspaper ad. Roberts’ application listed 22 months of prior experience as a road driver. He had an additional 10 years of experience which he did not list on the application due to a lack of space on the form. Roberts was neither interviewed nor contacted by the company about the status of his application. In June 2005, Roberts saw an identical advertisement for tractor trailer truck drivers. Upon inquiry, Roberts learned that eight persons (all white) had been hired as truck drivers between April and June 2005. All of those hired had less than 22 months of driving experience. The company contended that Roberts was not hired because no opening existed when he applied. Roberts filed a discrimination complaint in District Court.
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