Well, I can say this with absolute certainly: if the lowest X% were to contain a "disproportionate" amount of women or minorities, their lawyer would argue that failing to take gender and racial "equity" into consideration and simply firing them as a block based on performance was discriminatory. They would seamlessly pivot from "women are equal" to "women are lesser and need special considerations" without a hint of shame.

He'd probably win too, in today's clown world.