An assistant professor at Parkside was fired recently for not showing up for work for five months. The professor, a black man of Nigerian descent, was recently denied tenure. He also had filed a federal lawsuit alleging that he was discriminated against because of his race. This matter will be settled in court.
Now imagine you are an employer that, unlike UW Parkside, does not have access to taxpayers cash. You have to spend your own money when you get sued. Now imagine two job applicants that appear to be equally competent, one black and one white. If you hire the white employee, it is exceedingly unlikely that you will face a discrimination lawsuit if you fire him for incompetence. But if you hire the black employee, you face the possibility of getting sued for racial discrimination. Even if the chances of getting sued are remote, the potential damage could be devastating to a business. It is entirely reasonable for an employer to factor in the potential cost of a lawsuit when hiring, even though I suspect that doing so would be illegal.
Now suppose you are an applicant for a job and you happen to be black. You are a reasonable person with no axe to grind. You would never file a bogus discrimination suit. Yet you know that your chances of getting a job are hampered by discrimination lawsuits filed by other black people.
Regarding the Parkside case, I don't know if the lawsuit is bogus or not. But if it is, the Parkside professor will not pay the price. The price will be paid by a decent, competent minority who doesn't get the job.