The correct answer is: $**$Title VII was not violated because using race as a "tie$-$breaker" is a lawful form of affirmative action.$**$In situations where two employees are equally qualified and senior, affirmative action plans can allow for the consideration of race as a factor in making employment decisions, such as layoffs, in order to promote diversity within the workforce. Courts have upheld the use of race as a tie$-$breaker in these contexts, provided that the affirmative action plan is designed to address past discrimination and is not overly broad.