Ryan, a Homosexual Male, Was Recently Appointed as a Department

Ryan, a homosexual male, was recently appointed as a department head at Better City Electronics. Shortly thereafter, he demotes all of the men in his department to a status one grade lower than they occupied when Ryan was appointed department head. Mike, one of the demoted males, brings a claim of gender discrimination against Ryan on the grounds that Ryan demoted only men and not women.

A) Mike's claim gender discrimination will be dismissed because Title VII does not protect same-sex discrimination that does not involve harassment.
B) Mike's claim raises only federal constitutional issues and these are inapplicable to a private employer.
C) Mike must demonstrate that his affinity orientation is different from the orientation of Ryan in order to survive a motion for summary judgment.
D) Mike's claim for non-harassment gender discrimination is cognizable in all federal circuits, because it does not involve affinity orientation harassment.