I suspect many companies wouldn't use this as it would make affirmative hiring policies more difficult. For example, recruiters at my company curate lists of names that are majority female, black, or Hispanic (pulled from the census bureau) in order to try and determine which candidates are diverse. Recruiters at my company aren't explicitly told to hit certain quotas, but they are given larger bonuses for diverse hi…
> It shall be an unlawful employment practice for an employer 2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin. It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.
It's interesting how very clear language, like the above, can be eroded away over the years by a hundred well-meaning court decisions.