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

Question

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Even if the employer can show that the challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that there is an alternative practice that would have less discriminatory effects, but the employer declines to use it. This is known as the "less discriminatory alternative" theory.

In an Adverse Impact Case,if an Employer Can Show That