According to Garcia V

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

A) the policy can be easily complied with and noncompliance is purely a matter of an immutable characteristic.
B) the policy can be easily complied with but noncompliance is not a matter of individual preference.
C) the policy can be easily complied with.
D) the policy can be easily complied with and noncompliance is purely a matter of individual preference.