In an Adverse Impact Case, If an Employer Can Show

Multiple Choice

In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that:

A) there is an alternative practice that would have less discriminatory effects, but the employer declines to use it
B) the employer has engaged in a pattern or practice of discrimination
C) the difference in selection rates across protected class groups is statistically significant
D) the four-fifth's rule has been violated