You compare it to the general population. In disparate impact lawsuits, this is the 'applicant' vs 'pool' distinction; the idea is to make it possible to sue even when the discrimination 'barriers' operate before the formal application process, but of course, you wind up in Orwellian games where the necessary number of minority potential-employees simply do not exist and the employer is forced to provide a devil's proof to show they weren't being discriminatory and they argue over what 'proxies' are appropriate... Ward Cove and https://en.wikipedia.org/wiki/Hazelwood_School_District_v._U...