An apprenticeship program trains people to become electricians. One of the requirements for entry into the apprenticeship program is posses- sion of a high school diploma or GED. Applicants without a diploma or GED who applied nonetheless were rejected. In the counties where the program operated, 89.2 percent of whites and 68.3 percent of blacks held diplomas or GEDs. Blacks comprised 18.3 percent of the potential applicant pool (defined as people who work as operators or laborers in the surrounding geographic area) but only 12.2 percent of actual applicants. Of actual applicants, blacks were several times more likely than whites to be rejected due to lack of a di- ploma or GED. The apprenticeship program is sued for race discrimination. What should the court decide? Why? (EEOC v. Joint Apprenticeship Committee of the Joint Industry Board of the Electrical Industry, 186 F.3d 110 (2d Cir. 1998))