This section contains the nature of the case and procedural background.

Between 1983, when Mr. Hwang, D's owner, bought D from its previous owner, also a Korean, and the first quarter of 1987, 73 percent of the applicants for jobs with D, and 81 percent of the hires, were Korean. Less than 1 percent of the work force in Cook County is Korean and at most 3 percent of the janitorial and cleaner work force. D is a small company with annual sales of $400,000. Mr. Hwang relies on word of mouth to obtain employees rather than reaching out to a broader community less heavily Korean. His method of hiring is practically costless. Persons approach Hwang or his employees--most of whom are Korean too--at work or at social events, and once or twice Hwang has asked employees whether they know anyone who wants a job. Hwang's recruitment posture could be described as totally passive. Hwang did buy newspaper advertisements on three occasions--once in a Korean-language newspaper and twice in the Chicago Tribune--but as these ads resulted in zero hires, the experience doubtless only confirmed him in the passive posture. P brought this suit claiming D discriminated in favor of persons of Korean origin, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The district judge dismissed the suit on the ground that P failed to prove discrimination, but he refused to award D attorney's fees. Both parties appealed.

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