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John and Malik are arguing for the use of statistics as a flag to be used to identify employers that MAY be discriminating. Further investigation would then be required in order to determine whether discrimination has occurred.

Ann has made a somewhat different point. She argues for strong affirmative action in cases of traditionally segregated job categories. (This sort of action was allowed in the Weber court case.) In such a case, Ann believes that it is obvious that discrimination occurred on a large scale.