Over a five-year period, an upscale restaurant hired 108 food servers, all of whom were men. Of the hundreds of applicants during this time, only about 3 percent were women. Charges were filed with the EEOC. For the next five years, women constituted 22 percent of applicants and 21.7 percent of persons hired. In both periods, food servers were recruited and hired through a “roll call” procedure. Applicants were expected to be familiar with this procedure and to report to the restaurant on a particular weekend in October to be interviewed. The restaurant did not post or advertise job openings. However, the court found that there was general knowledge of the roll call procedure among local food servers. Interviews were conducted by a male maitre d’, who selected candidates based on his assessment of their appearance, articulation, attitude, and experience. After the EEOC charges were filed, this procedure was modified to substitute a panel of managers for the maitre d’ and a test that involved the lifting of a loaded serving tray. The percentage of applicants at other area restaurants who were female ranged between 30 and 42 percent. According to Census data, approximately 32 percent of table servers who resided in the same city as the restaurant and had earnings comparable to the food servers at the restaurant were female. Unable to obtain a conciliation agreement, the EEOC sued the restaurant. What should the court decide? Why?