What Initial Burden Does a Plaintiff Have in Order to State

Multiple Choice

What initial burden does a plaintiff have in order to state a cause of action for discrimination based on disparate impact?

A) The plaintiff must show that the alleged "business necessity" is a mere pretext.
B) The plaintiff must demonstrate a prima facie case of discrimination.
C) The plaintiff must show that the reason given by the employer is a mere pretext.
D) The plaintiff must establish statistically that a rule restricts employment for those in a protected class.
E) The plaintiff must provide specific examples of the employer's discrimination.