Fact Pattern 4-1 Martin Is a Legal Secretary for Allison, a Partner in a Partner

Fact Pattern 4-1
Martin is a legal secretary for Allison, a partner in a large law firm in Knoxville. Allison finds Martin quite annoying. The last straw occurs when Martin tells Allison that she looks pale and appears to have been partying a bit too hard. Allison fires Martin on the spot. Martin tells Allison that he has been studying constitutional law, and that she is guilty of violating not only his due process rights but his equal protection rights as well. Martin says that he was entitled to a hearing before any disciplinary action was taken, and that the firm's practice is that all secretaries are entitled to tell attorneys when they do not appear to be functioning at their best. Martin says that he is filing suit tomorrow.
-Refer to Fact Pattern 4-1.Which of the following is true regarding Martin's ability to win on a claim alleging violation of the equal protection clause of the fourteenth amendment to the U.S.Constitution?

A) Martin will lose because no statute or other action involving the government was involved.
B) Martin will lose only if other female secretaries have been fired under similar circumstances.
C) Martin will lose only if other female and male secretaries have been fired under similar circumstances.
D) Whether Martin will lose or win depends on whether the judge decides to apply a rational basis test or a strict scrutiny test to his claims.