Final answer:
The scenario described is an example of disparate impact, which occurs when an employment practice unintentionally discriminates against members of a protected class.
Step-by-step explanation:
If Leonard, a member of a protected class, applies for a job with Acme Construction Company, fails the employment test, and believes that the test has an unintentionally discriminatory effect, this would be referred to as disparate impact. Disparate impact occurs when a neutral employment practice, such as a test, disproportionately affects members of a protected class and is not job-related or necessary to the business. Although not intentional, the practice has the effect of excluding persons based on their membership in a protected class such as race, gender, or religion. This contrasts with disparate treatment, which is intentional discrimination against an individual based on their protected class status; retaliation, which is adverse treatment towards an individual because they have complained about discrimination or participated in an investigation; and harassment, which includes unwelcome conduct based on a protected class that creates a hostile work environment.