[shadowgovt]

If a non-hired employee brings a criminal action, this may matter.

For a civil action, the burden of proof is "preponderance of evidence," which is a much lower standard than "beyond a reasonable doubt." "Maybe the weights are different now" is a reasonable doubt, but in a civil case the plaintiff could respond "Can the defendant prove the weights are different? For that matter, can the defendant even explain to this court how this machine works? How can the defendant know this machine doesn't just dress up discrimination with numbers?" And then it's a bad day for the defendant to the tune of a pile of money if they don't understand the machine they use.