paraphrase The presentation of a prima facie case for a disparate impact claim requires the individual alleging the discriminatory conduct to produce evidence of an employment policy or practice that is neutral on its face but that, when implemented, has an adverse impact on members of a protected class.45 Evidence of a disparate impact on members of a protected class is usually presented through the use of statistical evidence that compares members of a protected class with those who fall outside it. For example, an individual might show that a pre-employment test used to disqualify applicants has a disparate impact on minorities by presenting evidence that only 15% of the minority applicants pass the test, as compared to 95% of the nonminority applicants. These results indicate that the test violates the four-fifths (or 80%) rule, which states that if the selection rate of the group with the lowest selection rate is less than 80% of the selection rate of the group with the highest selection rate, then there is a presumption that a disparate impact exists.46 See Chapter 11, Pre-Employment Testing, for a detailed example of how this test is applied