Comment by caminante

Curious to see if "disparate impact" criteria gets softened, i.e., impose requirement to find "intentional bias" (c.f. status quo)

What I think is weird is how many firms have this reason, but do it for other stated reasons and don't simply state this compliance nuance. I figure more people would accept your "paragraph three strategy" as an acceptable means to a required end. Maybe this threat is more of a "what if" that has lower probability of enforcement so in practice, getting hunted for this is not that likely.