Although significantly disparate impact can be indicative of discrimination, it isn't necessarily. Title VII and Ricci essentially acknowledge this. I don't see anything in the article that would satisfy Title VII post-Ricci (but admittedly I haven't read the pleadings). This is all by long way of saying the following: even though I am generally inclined toward what I believe your view is, I still found your comment to be snarky and bordering on trolling.
HN Guidelines: "Edit out swipes. Comments should get more thoughtful and substantive, not less, as a topic gets more divisive."