In a disparate 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:

Question $15$ options:

There is an alternative practice that would have less of a discriminatory effect but the employer declines to use it$.$

There is additional evidence of a discriminatory motive.

The difference in selection rates across protected class groups is statistically significant.

The employer has engaged in a pattern or practice of discrimination.