Well, the way things work right now:

(1) Universities have a public relations incentive to make hiring decisions based on on ethnic identity.

(2) Universities have a legal incentive not to admit they make hiring decisions based on ethnic identity.

(3) Because of (1), job applicants have a reason to construct a fictitious ethnic identity.

(4) Because of (2), they can get away with it.

Stories like this have been taking place for decades.