Under Title VII of the 1964 Civil Rights Act, unlawful discrimination exists if race, color, religion, sex or national origin: Question 17 options: is a motivating factor, even if not exclusively, in an adverse employment decision. can be shown to be the most significant motivating factor for an adverse employment decision. is the only factor used for making an employment decision is used in making employment related decisions, unless the employer can demonstrate that the challenged practice is the way things have always been done with the employer