Oklahoma Law Review Volume 68 Number 3 2016 Lies, Damned Lies, and Statistics: The Case to Require “Practical Significance” to Establish a Prima Facie Case of Disparate Impact Discrimination Katie Eissenstat Follow this and additional works at: https://digitalcommons.law.ou.edu/olr Part of the Labor and Employment Law Commons Recommended Citation Katie Eissenstat, Lies, Damned Lies, and Statistics: The Case to Require “Practical Significance” to Establish a Prima Facie Case of Disparate Impact Discrimination, 68 OKLA. L. REV. 641 (2016), https://digitalcommons.law.ou.edu/olr/vol68/iss3/6 This Note is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in Oklahoma Law Review by an authorized editor of University of Oklahoma College of Law Digital Commons. For more information, please contact
[email protected]. Lies, Damned Lies, and Statistics: The Case to Require “Practical Significance” to Establish a Prima Facie Case of Disparate Impact Discrimination Introduction From advertisements, to advice, to policy discussions, statistics surround us daily.1 Four out of five dentists recommend Trident gum. The president’s approval rating has fallen by 5%. Smoking shortens a person’s life span by at least ten years. A total of 5.7% of Americans are currently unemployed. The list goes on and on.2 “In the problem of . discrimination, statistics often tell much, and Courts listen.”3 Because these mathematical calculations provide a seemingly clear objective standard, statistics can be a powerful tool for litigants in discrimination cases. Their persuasive capabilities instill a sense of unbiased security that subjective judgment calls cannot provide.4 It is widely believed this unbiased standardized determination will bolster justice and pinpoint when discrimination has occurred.5 While—as the popular cliché goes—the road to hell is paved with good intentions, the differing approaches to law and the science of statistics unfortunately often lead to confusion and misunderstandings in 6 application.