And how do you define discrimination if intent doesn't matter? If decisions don't matter then the only way to define discrimination is via observed results: if you have no black employees, it must be discrimination, even if nobody ever actually discriminated in an objective way. Which means you'd be punished for not matching some theoretical demographics.
The whole notion is ridiculous. The fact that California takes this stuff so seriously just makes it look like it's throwing away its tech lead, as viewed from afar.