Fact Pattern for Questions FP $5-$ FP$7$

The Winterville Fire Department is hiring a new fire chief. As part of the review process, candidates for the position are required to complete a "Fire Chiefs Comprehensive Exam." The exam is produced by an outside company and is commonly used in the hiring process for fire chiefs throughout the country. Malcolm Reynolds is one of $30$ applicants for the fire chief position. While well$-$qualified relative to the other applicants, Malcolm scores very low on the exam and doesn't advance to the interviewing stage of the process. Malcolm later learns that only $10$ applicants made it past the exam and all of them are Caucasian. This surprises him, given that $17$ of the initial group of $30$ applicants were African American $($including Malcolm$).$ Malcolm feels he is the victim of racial discrimination and decides to sue the Winterville Fire Department.

FP$5.$ What specific form of racial discrimination is Malcolm alleging? Explain why this form applies in this instance.