FACTS: Waris Ahluwalia, a Hindu Sikh, applies for a security guard position with the private security firm, Dewey, Gardem & Howe (DGM). Waris has a very strong resume - having worked for 20 years in federal law enforcement - and is not surprised to receive a call from DGM to schedule an interview. However, the interview does not go well. DGM's manager, Bob Wilson, informs Waris that DGM has strict grooming standards that require all employees to be clean-shaven and wear a DGM uniform that includes a baseball cap with the DGM logo. Waris informs Bob that growing a beard and wearing a turban are Sikh religious practices. Therefore, Waris insists, he cannot comply with the grooming standards. Bob tells Waris that the grooming standards are a necessary part of DGM's business. "Our guards need to look professional - if you are unwilling to change your look, I can't offer you a job." DGM subsequently hires a young, clean-shaven Mormon.

Suppose Waris files a claim with the EEOC alleging DGM engaged in religious discrimination.

1. What type of discrimination is Waris alleging - disparate treatment or adverse impact? Explain your answer.

2. What procedures does Waris need to follow to pursue his discrimination claim?

3. What Waris have to prove to successfully bring a claim against DGM for religious discrimination?

4. Does DGM have a defense to Waris's claim? Identify any relevant defenses and comment on the likelihood of their success.