1.The unbalanced workforce alone cannot be treated as disparate treatment. The unbalanced workforce could be for many different reason, in this case maybe unintentional. I do believe that if the workplace culture demonstrated an attitude of discrimination this would result in disparate treatment more than an unbalanced workplace. 2. Yes, my decision would be the same. I think with the scenario presented in question #2 you are highly likely to end up with all white applicants and you must recruit from the applicant’s period.