The eastern transit authority adopted a new physical fitness test to use in the hiring of transit officers. Eastern transit originally had the same test requirements for men and women but due to physiological differences between men and women, women overall did not perform well, and there were very few female transit officers. As a result, eastern transit authority decided to account for these physiological differences, and gender normed the new test with the goal of hiring equally fit female and male candidates. Under the new physical fitness test men must complete a $1\mathrm{.}5$ mile run in no more than $10$ minutes and women must compete the $1\mathrm{.}5$ mile run In no more than $14$ minutes. Approximately $70\%$ of men and $70\%$ of women pass this new physical fitness test. Jacob, a man, completes the run in $10$ minutes and $30$ seconds and therefore fails the new test and sues Eastern Transit Authority under Title VII on the grounds of discrimination on the basis of sex. Explain what type of sex discrimination claim Jacob is bringing. Based on the reasoning of the case, do you think Jacob would win.