At the age of 60, Manuel Fragante emigrated from the Philippines to Hawaii. In response to a newspaper ad, Fragante applied for an entry-level civil service clerk job with the City of Honolulus Division of Motor Vehicles and Licensing. The job required constant oral communication with the public, either at the information counter or on the telephone. Fragante scored the highest of 731 test takers on a written examination that tested word usage, grammar, and spelling. As part of the application process, two civil service employees who were familiar with the demand of the position interviewed Fragante. They testified that his accent made it difficult to understand him. Fragante was not hired for the position, which was filled by another applicant.

Fragante sued, alleging national origin discrimination in violation of Title VII. Who wins?

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