Luis has been employed as a quality officer for Slate Mountain Waterworks (SMW), a company with only 12 employees. He has 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?

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 Title VII of the Civil rights Act of 1964.

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

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