When the Plaintiff Establishes a Case Based on Disparate Impact

Multiple Choice

When the plaintiff establishes a case based on disparate impact, which of the following options are available to the employer as a defense?

A) Remove the disparate impact (e.g., adjust cutoff scores)
B) Find equally valid alternative practice(s) with less disparate impact
C) Demonstrate the validity of the employment practice
D) Demonstrate the business necessity of the employment practice
E) All of these