Notice that the Judge says ‘when’ and not ‘caused by’.

Would you expect the ‘Perception of Unfairness’ to change if more Non-African-Americans were to become more African-American like in their choice of vocation?

Obviously, to me anyway, the ‘Perception of Unfairness’ is not caused by a ‘ratio’ and it must be obvious to the Judge also, thus the use of the word ‘when’.