The assumption underlying these "disparate impact" cases is that all races or genders have exactly the same distribution of skills. The problem is every time this assumption is tested it turns out to be false. https://iq-research.info/en/page/average-iq-by-country
> The U.S. Labor Department has sued Oracle America Inc, alleging that the technology company systematically paid its white, male employees more than other workers and unlawfully favored Asian applicants in its recruiting and hiring efforts.
If you want to explain Asians being smarter as to why they are hired more I wouldn't expect them to ALSO pay white people more. Oracle is nailed either way you want to spin this.