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> The question goes to, how do you prove or meet any kind of burden of proof needed for discovery

You need a whistleblower from HR, or a person who used to work in an HR department.

I think the big problem is that this would bite all companies in the butt, including law companies. They are disincentivized to even try going after this.

> Certificates or education level are also not a protected class.

Degrees and certificates are disproportionately distributed among protected classes. And the Griggs ruling is more general than protected class in general.

I, too, am not a lawyer.




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