Question: I need help answering this multiple choice question. In a disparate impact case, the three part order of proof is as follows: the plaintiff must

I need help answering this multiple choice question.

  1. In a disparate impact case, the three part order of proof is as follows:
    1. the plaintiff must prove that a facially neutral practice disproportionately discriminated against a protected class; the defendant must articulate a business necessity; the plaintiff must prove that an alternative exists.
    2. the plaintiff must prove that a facially neutral practice disproportionately discriminated against a protected class; the defendant must prove business necessity; the plaintiff must prove that an alternative exists.
    3. the plaintiff must prove that a facially neutral practice disproportionately discriminated against a protected class; the defendant must articulate a nondiscriminatory reason; the plaintiff must prove that an alternative exists.
    4. the plaintiff must prove that a facially neutral practice disproportionately discriminated against a protected class; the defendant must prove it was motivated by a nondiscriminatory reason; the plaintiff must prove that an alternative exists.

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