Virtually All of the Non-U

Virtually all of the non-U.S. citizens in the labor pool available to an employer are of Mexican descent, many of whom are legal aliens having the right to work in the U.S. The employer implements a policy against hiring any non-U.S. citizens. This policy:

A) is expressly exempt from Title VII, by the Guidelines on Discrimination Because of Religion or National Origin.
B) impermissibly denies individuals their Title VII-protected right to express their cultural heritage.
C) does not, as a matter of law, violate Title VII.
D) could be found to discriminate on the basis of national origin resulting in disparate impact discrimination in violation of Title VII.