alt Hacker NewsImportantly, the rule is not used to resolve racial discrimination claims. It's purely meant as the first test to evaluate whether a deeper dive is warranted. Fast, first pass data analysis tools are very useful for spotting unintended consequences.
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You are selectively adhering to the letter of the law, when the practical effects are already well known and studied. One is not obligated to ignore literature, nor abstain from doing a simple extrapolation from the incentives placed on the table.
There is a large body of literature concerning the question "does disparate-impact enforcement cause employers to alter hiring behavior in ways unrelated to actual productivity or discrimination?" and the answer is largely "yes". As you suggested elsewhere in this discussion, Google may be useful.
To the contrary, companies have been found liable for discrimination solely based on having the wrong percentages outcomes in its objective hiring assessments: https://en.wikipedia.org/wiki/Griggs_v._Duke_Power_Co.