A man was hired to drive a bus transporting persons with physical and mental disabilities. The hiring was conditional on the successful completion of a criminal background check. The transportation company's subcontract prohibited the hiring of drivers who, among other offenses, had any felony or misdemeanor conviction for a "crime of moral turpitude" or " violence against any person(s)." When it was discovered that the man had been convicted of second-degree murder, his employment was terminated. The sole reason for the termination was the man's crimi- nal record. The conviction stemmed from a gang-related fight that took place over forty years earlier, when the man was 15 years old. He claimed not to have been the triggerman in the shooting. Consistent with this claim, other indi- viduals were also convicted of the murder. Other than this offense, his record was clean. The man sued the transportation company over the ter- mination. What should the court decide? Why? (El v. Southeastern Pennsylvania Transportation Authority, 479 F.3d 232 (3d Cir. 2007))