Bonds reviews the resumes submitted, and then settles on two candidates: Jerome Seinfeld and Elaine Benes.

Bonds reviews the resumes submitted, and then settles on two candidates: Jerome Seinfeld and Elaine Benes. Jerome is a former sportswriter, while Elaine has an impressive list of athletic accomplishments, including membership in the Ohio State Sports Hall of Fame for her accomplishments on the volleyball court. The following exchange occurred during the interview process:

Barry: Please summarize your experience, Mr. Seinfeld.

Jerome: I have nine years of experience in collective and class action. I love wage and hour law, it's always been my passion. I authored a wage and hour manual, and I'm frequently quoted in Crain's. If you're looking for a player in this field, mine is the biggest name.

Barry: Who holds the single season home run record in the MLB? 

Jerome: Of course I know the answer, you hit 73 back in 2001; now that I've answered your question, I assume our interview is done.

Barry: Hold your horses, one more question, and then we're through. Our biggest client loves the Ohio State Buckeyes. We keep him drunk and happy in our luxury suite. Can you attend the games each Saturday, that's where he likes to meet?

Jerome: I can't work on Saturday because of my religious observation, but I'd be happy to meet the clients at another time and location.

Barry: Thank you for your time and interest in GOBN. We'll get back to you soon, with our hiring decision.

Moderator: Mr. Bonds next interviews Elaine.

Barry: I don't want to waste your time; the interview will end if you can't answer this question: who is Mr. October, and I don't mean the guy from your Playgirl collection?

Elaine: I've never litigated a collective or class action, but I know that Mr. October is Reggie Jackson.

Barry: Our clients love the Buckeyes, and they'd certainly recognize your name; do you have any "religious observances" that would prevent you from attending a Buckeye's game? 

Elaine: I will work hard for this job, and I wouldn't miss a game, if you want someone to schmooze the Buckeye faithful, Elaine Benes is your name.

Moderator: Mr. Bonds sends a letter to Jerome informing him that they'd hired what he considers to be a "more qualified person" for the job. 

• Analyze the fact pattern using the burden shifting framework the United States Supreme Court provided in McDonnell Douglas Corp. v. Green for analyzing pretext cases.