[ddiq]

You can read more about the baseline known as the 80% rule here https://en.wikipedia.org/wiki/Disparate_impact#The_80%_rule

Since the onus is on the employer to prove that they had a legitimate reason for this disparate impact, often these cases end in settlement.

[gnicholas]

Sure, if the employer separately has disparate impact problems, they could be in trouble based on those numbers. But merely saying that you do not practice affirmative action does not create additional legal problems.

I'm sure many of these cases end in settlement — 90% of all cases do. And yeah, it's not a great idea to go around saying stuff that will inflame people. But saying something that the Chief Justice of the Supreme Court has said ("The way to stop discrimination on the basis of race is to stop discriminating on the basis of race") would not be great ammunition for a plaintiff.