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

Question

Quizplus · Accepted Answer

The plaintiff can still win if they demonstrate that there is an alternative employment practice available that would result in less adverse impact and the employer refuses to adopt this less discriminatory alternative. This is in line with the principles of employment law and the enforcement of anti-discrimination statutes.

In an Adverse Impact Case, If an Employer Can Show