> someone should legally be able to cite, for example, that Asians typically have higher IQs than others - don't you think? I think a more direct parallel here

> someone should legally be able to cite, for example, that Asians typically have higher IQs than others - don't you think? I think a more direct parallel here would be if you cited such research, and then drew the conclusion that IQ translates directly into better performance in a specific role such as leadership. The memo author made claims that aren't supported by the research he cites. It isn't a mischaracterization to say he questioned the aptitude of women in certain roles without having the science to back it up. That's a problem -- not a legal one, but a "how to work well with others" one.