Petro employs 10 employees in the merchandising business. Two Petro employees are disciplined because they falsified time records. John, a Chinese American, was terminated for the action, while Fred, a white male, was only written up for the same offense. When John is terminated, he files a complaint with the Department of Fair Employment and Housing alleging race discrimination. 

Would Petro be covered by FEHA? 

Would his claim be allowed under Title VII?