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In your scenario, if they indeed have convincing and independent studies proving this, then, yes, they should not remove this policy.

It is also worth mentioning that in real life, we apply such policies. If I remember correctly, black people are more prone to prostate cancer, and therefore there are policies that "discriminate": the process for cancer screening is different between black and white people. Does it mean it is racist? Does it mean it is unfair?

I think the difference is that I focus on equality of opportunity while you focus on equality of outcome. You are targeting "when looking at the process, I want to see everyone treated the same". Others may target "when looking at the opportunities, I want to see everyone with the same merit having the same probabilities of success". It reminds me of the famous cartoon of people wanting to watch a football game over a fence. The drawing illustrates that "treating everyone the same" without considering that not everyone starts from the same situation is stupid.




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