Which of the Following Is NOT an Issue in a Disparate

Which of the following is NOT an issue in a disparate impact discrimination case:

A) proof of intent to discriminate
B) existence of rules or practices that affect members of a protected group differently than other workers
C) justification by business necessity or valid job requirements of rules or practices that affect members of a protected group differently than other workers
D) all of the other specific choices are not issues in a disparate impact discrimination case
E) all of the other specific choices are issues in a disparate impact discrimination case