Mark was refused employment a janitor at a Christian bookstore. The bookstore employs $50$ people. Mark tells the bookstore that he is an atheist so Mark is not hired. If Mark brings a federal claim against the bookstore for religion discrimination, the Christian bookstore:

Question $5$ options:

can refuse to hire Mark because he is an atheist.

There is not a sufficient amount of employees for the federal law to apply.

most likely prevail because the federal law does not apply to private businesses.

most likely will not prevail because being Christian is not a business necessity of a janitor position.