In an adverse 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. the four-fifth's rule has been violated
e. there is additional evidence of a discriminatory motive


A

Business

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