Smith, Washington, and Bailey are African-

American bricklayers. They had applied for work with Constructo Co., a brick and masonry contractor.

Constructo refused their applications for the reason that company policy is to hire only bricklayers referred by Constructo employees. The three filed charges with the EEOC, which decided not to file suit against Constructo. The bricklayers then filed suit in federal court against Constructo, alleging race discrimination in hiring.

At the trial, the three presented evidence of their rejection by Constructo. Constructo denied any racial discrimination in hiring and introduced evidence showing that African Americans make up 13 percent of its work force. Only 5.7 percent of all certified bricklayers in the greater metropolitan area are African American.

Has Constructo met its burden under Title VII?

Have the three African Americans met their burden under Title VII? See Furnco Construction Co. v.

Waters [438 U.S. 567 (1978)].