[Retric]

I suspect it's less about what would hold up in court vs. allowing people who would otherwise feel the need to act a fig leaf to look the other way.

Sort of like phrasing an interview question like this:

"First let me say we don't do drugs tests AND it does not look like your doing drugs right this second. Now, with that in mind are you currently... "

"By currently you mean right this second?" "Yes"

"Well then no."

Sure, both sides knew the correct answer to that question, but the desired box was checked.