Comment by kolbe

While you are completely right about the impossible/conflicting legal standards here, this is not an unusual state of things. For example: it has been illegal to discriminate for a very long time, but it has also been de facto illegal to have demographic compositions substantially different from the general population. So, they've always been faced with the problem of needing to either discriminate to get the numbers to match, or not discriminating and risking the numbers falling out of line. The real law has always been, and always will be, prosecutorial discretion. Whatever party is in control will choose whether they go after you or not, and they can because you're always violating one side of something.