Not under the theory the Department of Labor was using for years related to gender/race/age discrimination, which was with a large enough sample, a divergence from the expected numbers based on population distributions is de-facto evidence of discrimination.

That is the other side of the double edged sword used to push DEI.

If statistically, white dudes are getting laid off more than any other group, isn’t it fair to call that racial/sex discrimination regardless of other criteria?

Just like a lack of say women (or women’s pay being different) was being used as evidence of discrimination regardless of criteria?