Since it's not targeted because of those categories not affecting exclusively those categories, it obviously wouldn't be covered.
(IANAL etc. but seems pretty clear.)
edit: more detailed explanation by fennecfoxen: https://news.ycombinator.com/item?id=27570439
Yes, that's pretty much the point I'm making. The same argument applies to all claims of disparate impact. It occurs in every sample.
> edit: more detailed explanation by fennecfoxen
That explanation does not reflect the law. (Nor does yours.) Recall that the first disparate impact case ruled it was illegal to preserve a requirement that the company had imposed prior to the civil rights act, because of the effect that requirement had on black applicants. The shift from this set of requirements:
Must be white
Must have a college degree
Must have a college degree