New City uses examinations to identify those firefighters best qualified for promotion. When the results of such a test to fill vacant lieutenant and captain positions showed white candidates had outperformed minority candidates, New City threw out the results based on the statistical racial disparity. New Citys discarding of the test results:

A. would help it avoid disparate impact liability

B. could subject it to disparate treatment liability

C. is potentially illegal reverse discrimination

D. all of the above