The general problem here is that "disparate impact" is incoherent. If you charge everyone the same price then you're de facto excluding people with less money,

The general problem here is that "disparate impact" is incoherent. If you charge everyone the same price then you're de facto excluding people with less money, and therefore have a disparate impact on the basis of various protected classes because of the correlation between e.g. race and poverty. Now suppose you charge less to people with less money. Is that what you're supposed to do? No, sorry, there was a preexisting disparity in your customer population on the basis of national origin and doing that makes it worse, you still lose. There are multiple protected classes and how something affects one of them is often the inverse of how it affects a different one, so it isn't possible to not have a disparate impact. And then whether something is considered to in any given case is nothing but politics and vibes.