Which of the following is a correct statement about an employment policy that is not intended to but has a discriminatory effect on a racial minority?

A. If the employer can demonstrate a business necessity, the courts may uphold the policy and allow its continued use.

B. If the employer can demonstrate a business necessity, the courts will always uphold the policy and allow its continued use, without further inquiry.

C. There is nothing the employer can do to modify the policy and mitigate the disparate impact.

D. The employee always wins.