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Jiro comments on Link: quotas-microaggression-and-meritocracy - Less Wrong
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While lawsuits may be rare, they are expensive, and people are risk-averse.
Also, the range of behavior that has to be avoided to avoid an unjustified lawsuit is much wider than the range of behavior that has to be avoided to avoid a justified lawsuit, and since even unjustified lawsuits are expensive, the former category is what really matters.