Herbert NANTY, Plaintiff-Appellant, v. the BARROWS COMPANY, Formerly Barrows Furniture Company, Defendant-Appellee

Herbert Nanty is a Native American, a full blooded Apache. He was denied a job as a furniture delivery truck driver by The Barrows Company. Nanty filed suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that Barrows discriminated against him in its hiring decision on the basis of race. Following a short trial, the district court, 483 F.Supp. 101 , entered judgment for Barrows. BACKGROUND

The events leading up to this lawsuit are not seriously disputed. On September 23, 1975, Barrows placed an order with the Arizona Department of Economic Security Job Bank Service (the “Job Bank”) for a furniture delivery truck driver. The Job Bank is a statewide service which matches prospective employers with prospective employees. An employer placing an order with the Job Bank is required to list the qualifications for the job it wishes to fill. When Barrows placed its order for a furniture delivery truck driver, it listed three qualifications: experience in handling and unloading furniture, a Class A chauffeur’s license, and a good driving record.

On September 25, two days after Barrows placed its order, Nanty contacted the Job Bank, seeking employment…