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Luis was employed as a quality officer for Slate Mountain Waterworks $($SMW$),$ a company with only $12$ employees. He had more experience and better qualifications than Brett, who has also been working as a quality officer with SMW for the last three years. Both Luis and Brett apply for the job of chief quality officer within SMW$,$ and Brett is hired for the position. Luis overhears his employer say that he would never promote a Mexican if he could give the job to a real American. Which of the following holds true in this scenario?

Multiple Choice

Luis cannot file a national origin discrimination claim because Slate Mountain Waterworks did not take any adverse employment action.

Luis cannot file a national origin discrimination claim because he is still an employee at Slate Mountain Waterworks.

Luis can file a national origin discrimination claim under the Immigration Reform and Control Act $($IRCA$).$

$$ Luis can file a national origin discrimination claim under Title VII of the Civil rights Act of $1964.$

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