If group X on average performs better than group Y, then objective hiring will lead to more group X bring hired. Then group Y takes you to court for discrimination.
This isn’t something you can just assume when you see someone quoting statistics. It could be a garbage study.
Does X perform better than Y in general or within the community. Does hiring match national population, the applicant pool, or the top 1% of the applicant pool? How do you measure performance?
These topics are rarely fleshed out in any public corporate policy. All I know is my bonus depends on increasing the % of minority employees.
I've been on the employer side of this... you fire someone who's performing badly, and then they come back 4 months later and sue the company for [insert made up thing here].
In our case, an ex-employee is suing us for not accommodating an anxiety and migraine disability, which they never disclosed and never requested accommodations for. So now we face a discrimination lawsuit (from a non-minority) based completely on falsehoods and things that never happened.
The reason people do this is because it works! Employers will almost always settle before it goes in front of a judge in order to avoid the hassle and cost of defending the claim.
From anecdotal experience with voice recognition software: early versions struggled with accents and also required training on your voice specifically, which limited their utility. Making models more flexible didn’t just help minority users with accents—I think it improved accuracy for everyone. Similarly, curb cuts on sidewalks, originally designed for accessibility users, now benefit parents with strollers and even those food delivery robots running around some cities.
Maybe one frame is to avoid unintentional exclusion? The pizza shop isn't obligated to, but could at least consider the fact that some people don't eat meat (or pork or whatever), and therefore keep the margherita on the menu to the benefit of everyone.
The article doesn't go into details, so it's probably a safe bet not to make these sorts of assumptions at all.