James applied for a promotion but was rejected because he did not possess the academic qualifications listed in the announcement of the vacancy. Nevertheless, he decided to "get even" with his bosses by writing a letter to the local newspaper in which he asserted that his company was a racist organization and that he had been denied a promotion pursuant to its policy of racial discrimination. After reading the article, and hearing from one of James' co-workers that she had heard James boast that he had filed the charge to "get even," the company president fired James. Can James state a retaliation claim?

Question 5 options:

a)

No, because he was unqualified for the promotion.

b)

Yes, because the motivation for his charges of racism are irrelevant to a retaliation claim.

c)

No, because he wrote the article to get even.

d)

Yes, because the discharge violated his First Amendment right of free speech.