They would have to go after BMW showing a pattern, if no pattern no win in the lawsuit.
Lawsuits are the reason people can’t easily hire ex felons. if anything happens you get lawyers looking for 1000% awards because you knew the hire had a criminal record.
This is the government we’re talking about. It is entirely possible that they’ll rule that BMW cannot fail to hire a black applicant with a criminal record, AND that the company is liable for any judgments resulting from the employee’s future criminal behavior.