HealthSmart, a private hospital, employs five workers of Hispanic descent in its maintenance department. Though they were told that they would be performing different tasks on a rotation basis, the maintenance supervisor assigns only the five of them, out of the total $20$ maintenance employees, to clean the morgue and the basement every time. Although they requested the hospital's management to change their duties, no changes were made. Which of the following holds true in this case?

Question $48$ options:

$1)$

HealthSmart will be liable for national origin discrimination because it illegally segregated the employees based on their national origin, resulting in disparate treatment.

$2)$

HealthSmart will not be liable for national origin discrimination based on the court's ruling in Garcia v$.$ Spun Steak Co$.$

$3)$

HealthSmart will be liable for national origin discrimination because Title VII of the Civil Rights Act of $1964$ provides protection against discrimination based on country of citizenship.

$4)$

HealthSmart will not be liable for national origin discrimination because the Fair Labor Standards Act $($FLSA$)$ allows employers to discriminate in favor of U$.$S$.$ citizens.