Lew, a Member of a Protected Class, Applies for a Job

Multiple Choice

Lew, a member of a protected class, applies for a job with Mit-E Construction Company, but fails Mit-E's employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is

A) desperate-measure discrimination.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.