Fact Pattern 27-1 Craig Applies for a Job at Dispatch

Fact Pattern 27-1 Craig applies for a job at Dispatch Transport, Inc., for which he is well qualified. He passes a test to determine which applicants are eligible for hiring, but the employer discards the results, and Craig is rejected. Dispatch continues to seek applicants.
Refer to Fact Pattern 27-1. To successfully defend itself against Craig's suit, Dispatch must show that

A) the practice in question was justified on legally permissible grounds.
B) the employer feared it would be sued if it used the test results.
C) any discriminatory effect was unintended.
D) statistically the practice in question is discriminatory in effect.