The following excerpt is from Estes v. City of Seattle, 28 F.3d 105 (9th Cir. 1994):
For discrimination claims, see 42 U.S.C. Sec. 2000e-2(a), establishing a prima facie case means that "[t]he plaintiff must prove by a proponderance [sic] of the evidence that [h]e applied for an available position for which [h]e was qualified, but was rejected under circumstances which give rise to an inference of unlawful discrimination." Burdine, 450 U.S. at 253. In other words, "[t]he alleged discriminatee [must] demonstrate at least that his rejection did not result from the two most common legitimate reasons on which an employer might rely to reject a job applicant: an absolute or relative lack of qualifications or the absence of a vacancy in the job sought." International Bhd. of Teamsters v. United States, 431 U.S. 324, 358 n. 44 (1977).
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