Under Title VII of the 1964 Civil Rights Act, unlawful discrimination exists if race, color, religion, sex or national origin: Question 8 options: is the only factor used for making an employment decision can be shown to be the most significant motivating factor for an adverse employment decision. is a motivating factor, even if not exclusively, in an adverse 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