Author here. This is a good point. We'll soften our language
The Bloomberg article was more like “based on existing case law, will you lose a lawsuit?” Bloomberg concluded that the answer was yes, you will lose the lawsuit. Nothing you’ve done will change that answer.
Your stats expert witness will testify that it is possible that it is not racist, it could also be X, Y, or Z. If this was the only witness maybe you’d have some chance of winning. But your HR director and CEO and others are going to forced into admitting that X, Y, and Z are not at all things that they would select for in their hiring practices. So the jury will be left thinking that there aren’t any other reasons you added this tool to your hiring process. Case closed, you lose.