Disparate impact is US civil rights law, not employment law, that law applies to employment because it applies to everything. I think I’ve been very clear about which laws and legal precedents I am talking about. When it comes to breaking a law it’s better for the company to do it with opacity than clarity. At least then it would be more difficult to show intent which would instead be disparate treatment which is far worse and more damaging for the company. Intentional breaking of the law is always worse than unintentional breaking of the law.