An employer may have sound statistical evidence that women and blacks are more prone to absenteeism due to caretaking responsibilities and unreliable public transportation respectively.

The disparate treatment of U.S. employment law forbids statistical discrimination against members of protected groups. For example, an employer might consider being prone to absenteeism a decisive disqualification for a particular job, and have sound statistical evidence that women (who might have caretaking responsibilities that prevent them from coming to work) and blacks (who must rely on unreliable public transportation to arrive at the work site) are more likely than white and Hispanic male