American Jet Enterprises,Inc. ,a regional jet service in the northwest United States,advertises for a "stewardess" on one of its routes.Samuel applies but doesn't get the job,even though he has ten years' experience.Instead the job goes to Samantha who has no experience.Samuel may have a disparate impact claim.

The use of the term "stewardess" indicates that the company is seeking only female candidates, which would make Samuel ineligible for the position based on his sex, not his experience. This would be a disparate treatment claim, not a disparate impact claim. Additionally, the company may argue that Samantha was a better fit for the job based on other qualifications or factors not apparent in this scenario.