Pat, a black woman, had been working as an associate photographer for Style Trends magazine for five years. When the chief photographer position opened up$,$ Pat applied for the position but did not get selected. Instead, Sharon, a white woman, was appointed as the chief photographer. Even though Pat was aware that Sharon had better qualifications and experience to be a chief photographer, she filed a racial discrimination claim with the Equal Employment Opportunity Commission $($EEOC$).$ Which of the following holds true in this scenario?

Question $40$ options:

$1)$

Pat's complaint will likely prevail under the business necessity defense.

$2)$

Pat's complaint will likely not prevail because not every decision that is arbitrary or unfair is discrimination.

$3)$

Pat's complaint will likely not prevail because Title VII of the Civil Rights Act of $1964$ prohibits promotions from within an organization.

$4)$

Pat's complaint will likely prevail because an employee can be hired or promoted simply because he or she belongs to a protected class.