Case in point, look at Atlanta. Mandatory drug testing is still a thing, and they're averse to hiring anybody with a criminal conviction. If you really want to be nasty, you set up office far away from the nearest MARTA line. Altogether, you'll get very few minority applicants.
What discriminatory practice would you sue over? They drug test everyone, turn away all convicts, and you can't compel a company to be accessible by public transit.
So in the quote, gee, this policy being "really unpopular with those over 40" is how you drive them out. Being very intolerant of family/outside emergencies is another way.
It will not be used for anything but control and punishment.