Fact Pattern 35-1 Craig Applies for a Job at Dispatch Transportation, Inc., for Transportation

Fact Pattern 35-1
Craig applies for a job at Dispatch Transportation, 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 35-1. To successfully defend itself against Craig's suit, Dispatch must show that

A) ​the practice in question was justified.
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.