Luis Vargas has been employed as a security officer for Slate Mountain Waterworks for 10 years. He has worked with Brett Simpson, also a security guard, for the last 3 years. Both Luis and Brett applied for the job of chief security office when the position became available. Brett was hired for the position. Slate Mountain only has 10 employees. Luis overheard Mr. Slate say he would never promote a Mexican if he could give the job to a real American.
B.Luis can file a claim for national origin discrimination under the IRCA.
C.Luis cannot file a claim for national origin discrimination because he is still employed and there was no adverse employment action.
D.Luis cannot file a claim at all.
A. Luis can file a claim for national origin discrimination under Title VII.
This solution provides the correct answer with explanation to the promotion discrimination question presented.