"The statistical disparities," the judge said, "are indeed stark."

That impact is likely in large class-action suits in which plaintiffs leaned heavily on the evidence of statistical disparity.

As long as statistical disparities are viewed as strong evidence of discrimination, employers will experience pressure to get their numbers up.

Rusch is sensitive to the statistical disparity between his home and road performances, but the differences did not hold up this time.

Mr. Ashcroft said the study, covering 1995 to 2000, had found "a slight statistical disparity" in federal plea agreements involving members of minorities.

The second fallacy is that statistical disparities in incomes, jobs, education and so forth are the result of discrimination.

Judge Francis agreed, saying: "The statistical disparities are indeed stark."

When such a society comes into being, statistical disparities between the races in income and education will disappear, or become insignificant, of their own accord.

If so, at what level of statistical disparity has the threshold of "a strong basis in evidence" been crossed?

So far no attempts have been made to address these large statistical disparities.