That’s why I reread your post, edited mine, and decided I am just so sick of hearing this view that I probably read your tone unfairly.
I think giving points to “diversity candidates” is a just a continuation of the same bad policies that people have been doing forever.
And I agree that it is not actionable to go after employers for this kind of discrimination given the way the courts have decided these cases. Of course by the language of the relevant statutes and the plain legislative history, there is no question that it should be under the law.