Question

In a disparate 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. there is additional evidence of a discriminatory motive.

Answer

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