> there may be any number of factors that were not directly discussed as reasons to fire someone, but still impacted the firing decision. People may be unconsci

> there may be any number of factors that were not directly discussed as reasons to fire someone, but still impacted the firing decision. People may be unconsciously biased... Sure. However this contradicts what you wrote earlier: >> If the firings disproportionately or systemically impact races or genders, the firings can be racist/sexist -- even if race or gender is not involved in the firing decision. (italics mine) If race or gender is not involved in the firing decision, consciously or unconsciously, why would it be racist or sexist? The fact it disproportionally involve a group however identified (say, all vegans declare an illegal strike for veganism, and they're fired because of this) cannot be construed as a form of discrimination towards that group.