I think that reaches too far. Intent should be a defining part of impersonation. IANAL and I don't know what the law says.
so who was doing the selecting, and were they instructed to perform their selection this way? If there was a law suit, discovery would reveal emails or any communique that would be evidence of this.
If, for some reason, there is _zero_ evidence that this was chosen as a criteria, then it's pretty hard pressed to prove the intent.