All of the following are correct in regard to disparate impact EXCEPT:
A) the employer must show that there is a job related reason for using the particular selection criteria that discriminates.
B) a prima facie case is not necessary in order to prove discrimination occurred.
C) saying that the discrimination is unintentional is not an appropriate defense.
D) using selection criteria that is not job related is not appropriate.
E) the plaintiff must show that the outcome of the employment practice impacted the majority of their protected class.
Correct Answer:
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