According to Garcia V

According to Garcia v.Spun Steak Co.,a facially neutral workplace policy will not cause a disparate impact with respect to a privilege of employment on the basis of national origin if the:

A) employer requires only a certain group of employees to adhere to the policy at all times.
B) policy is primarily meant to put only employees from a specific national origin group at a disadvantage.
C) affected employee can show that the policy is not a business necessity.
D) employer defines the privilege narrowly, if the policy is one that an affected employee can readily observe, and nonobservance is purely a matter of individual preference.