Gelato would not be compliant based on statistical rates. Disparate treatment may apply to the Gelato Cheese Company because it results in discriminatory consequences. Gelato requires a high school diploma, therefore only 25% of blacks graduate from high school compared to 75% of whites. So, 50% of whites get a job, compared to 50% of blacks. Disparate impact involves “employment practices that are ostensibly neutral in their treatment of different groups but which in fact hit one group harder than another and cannot be justified by business necessity” (Dunn,