Lew a member of a protected class under the civil rights, Operation Management

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Lew a member of a protected class under the civil rights

Lew, a member of a protected class under the Civil Rights Act, applies for a job with Lockheed Martin, but fails its employment test and is not hired. Lew believes that the test has an unintentional discriminatory effect. Under what theory might Lew sue? Why? PLEASE EXPLAIN IN DETAIL.

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