Fred sued his employer, Tech Inc., on adverse impact grounds. If Tech Inc. can show that the actions that affected Fred are job related and consistent with business necessity, Tech Inc. (the plaintiff) can still win by showing that: there is an alternative practice that would have less discriminatory effects, but Tech. Inc. declined to use it Tech Inc. has engaged in a pattern or practice of discrimination the difference in selection rates across protected class groups is statistically significant the four-fifth's rule has been violated