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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