Assume the same facts as #$10$ above. Assume further, for purposes of this question only, that as a result of the investigation conducted by the EEOC, the following things are learned. The criterion had been administered to some $2,000$ applicants over a two year time period. People who possessed the same characteristic as those disqualified in #$10$ had a lower success rate $(75\mathrm{.}1\%)$ on the criterion than those who did not possess that characteristic $(79\mathrm{.}5\%).$ What effect, if any, will this information have on the issue of whether employer is liable for disparate impact discrimination?

Group of answer choices

It will have no effect. The poor performance alone of those disqualified in #$10$ indicates there was something discriminatory about the use of the criterion.

Although there is a slight difference between the performance of the two groups, this difference is not great enough to constitute a disparate impact under the Four$-$Fifths Rule. The result will be no liability for the employer.

It will indicate that the use of the criterion illegally discriminated against those with a particular characteristic and will provide the basis for holding the employer liable for disparate impact discrimination.

both a and c