This is an excellent question and thank you for taking the time to read what I wrote. To answer your question, the SCOTUS had anticipated that stats would be used to prove racial intent so they banned the use of stats to prove discrimination. The case is McKlesky v. Kemp. I will link to it. https://www.naacpldf.org/case-issue/landmark-mccleskey-v-kemp/

So much of what has been down to entrench systemic racism and sexism has been done under the guise of gender neutral and race neutral laws. That have a horrible impact on women and people of color, but on the face it looks fine.

Today in America, unless you say I want to ban all black people from doing x or y, you cannot prove discrimination by showing that out of 1000 black people interviewed 1 person got the job compared to 1000 white people interviewed and 790 people got the job.