Marcus is a member of a protected group and was turned down for a position at Felton Corp. He has alleged that Felton has unintentionally discriminated against him based on this group membership. Marcus is pursuing an adverse impact claim.

Question

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Adverse impact occurs when a neutral employment practice has a disproportionately negative effect on a protected group, even if it was not intended to discriminate. Marcus's claim of unintentional discrimination suggests that he is pursuing an adverse impact claim.

Marcus Is a Member of a Protected Group and Was