In a Disparate Impact Case, If an Employer Can Show

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.