Whether an employer can be liable under Title VII, when the employer requires its bilingual job applicants, without job requirement, disclose their bilingual language; and the refused-for-hiring bilingual applicant demonstrated that the use of bilingual questioning and language disclosure causes a disparate impact on the basis of national origin, and the employer failed to demonstrate such language questioning hiring practice is job related for the position applied and consistent with the employers business necessity.

Whether an employer can be liable under Title VII when the employer requires its bilingual job applicants, without job requirement, to disclose their bilingual language, and the refused-for-hiring bilingual applicant demonstrated that the use of bilingual questioning and language disclosure causes a disparate impact on the basis of national origin, and the employer failed to demonstrate such language questioning hiring practice is job related for the position applied and consistent with the employer's business necessity