Francois is a Haitian male immigrant. He applied for a job at K&B Wholesale two weeks ago. The job identically matched the one he currently has at Tarsian Brothers Wholesale. He never heard back from K&B$,$ and when he spoke to the manager last week he was told his application was not under consideration. He checked on Monster's job board today and found the job has been reposted and K&B is still seeking to fill it$.$

Is it possible that Francois was discriminated against? If so$,$ under what test and criteria?