Does Fernandez have to prove that she is qualified for the position of Director of Operations?

MultiRegion, United States of America

The following excerpt is from Gay v. Waiters' and Dairy Lunchmen's Union, Local No. 30, 694 F.2d 531 (9th Cir. 1982):

Fernandez has therefore failed to demonstrate that the district court clearly erred in failing to find her qualified for the DIO position. If an applicant is not qualified for the job in question, she has failed to establish a prima facie case.

Fernandez v. Wynn Oil Co., supra, 653 F.2d at 1275 (citations omitted).

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