Issues related to failure to hire.

Grigsby v. LaHood, 628 F.3d 354, 358 (7th Cir. 2010).For a failure to hire claim to survive a motion to dismiss, the complaint must allege that (1) Plaintiff is a member of a protected class; (2) he applied for and was qualified for an open position; (3) he was rejected for the position; and (4) the position was filled with a person not in the protected class who had similar or lesser qualifications than the plaintiff.

McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-804 (1973).In an individual disparate treatment case, the burden of proof and/or production shifts between plaintiff and defendant.

42 U.S.C. § 2000e-2."It shall be an unlawful employment practice for an employer - (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s" membership in a protected category; "or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s" membership in a protected category.