20.

A charter bus company requires a drug test of all its drivers prior to every charter. As a consequence of this testing, accident rates have fallen by 75%. This test seems to screen out more young minority males than any other group or protected class. This drug test:

A.

Is an example of disparate treatment.

B.

Is illegal because it has an adverse impact on a protected class.

C.

Is an example of a prima facie case of discrimination based on race.

D.

Violates the Civil Rights Act of 1991.

E.

Is legally defensible as a reasonable business necessity.