What is the test for establishing a prima facie disparate impact case?

To establish his prima facie disparate impact case, Funk was required to "show at least that the defendant's actions had a discriminatory effect." Keith v. Volpe, 858 F.2d 467, 482 (9th Cir.1988), cert. denied, 110 S.Ct. 61 (1989). Funk contends that his proffered statistics raise an inference of discriminatory racial effect. We cannot agree. His statistics do not create an issue for trial because, even when viewed in the light most favorable to Funk, they do not establish any logical connection between the first come, first served policy and the alleged racial discrimination. See id. (discriminatory effect means that the conduct actually or predictably results in racial discrimination). Summary judgment was proper. See Celotex, 477 U.S. at 323.

2. Denial of Leave to Amend Complaint