united-states discrimination
What is the name of principle used in US court that is helps detect discrimination in sentence by switching gender/race/nation name to another one?
<p>Imagine we have an article with following title</p>
<blockquote>
<p>How to Recruit More Women to Your Company</p>
</blockquote>
<p>On a first glance from perspective of gender inequality this article <em>looks like</em> an article that would help address a gender inequality in workspace especially given the major problems in some industries where major part of workers are made workers.</p>
<p>But I head about following way of testing if really have no subtle gender bias - by replacing a word that is possibly casting a bias by another one from the same bias.</p>
<p>So for example for article above the title would be</p>
<blockquote>
<p>How to Recruit More Men to Your Company</p>
</blockquote>
<p>Which in 2022 reality sounds like some kind of sexists hiring advice that would result in decrease of job opportunities for female employees</p>
<p>Since the phrase have a perceived gender inequality in it changed form and we threat all genders equally then original phrase have gender inequality too and after second look it makes a lot of sense: its an title for an article that can be seeing as advice about changing hiring decisions based on applicant sex (instead of changing underlying root cause making workspace equally friendly for every gender)</p>
<p>I heard there is such way(described above) to highlight possible discriminations in US court, but I have no idea what is the name of such approach and would like to know one.</p>
<p>PS. I'm not a lawyer and not even close to legal field I want to know more about this principle and it applicability limits but lack of ability search for it stopping me from even phrasing this question better that it is now</p>

<p>The general issue raised is known as <em>gender discrimination</em>.</p>
<p>The device of substituting a different gender into the hypothetical is just a potentially sympathetic reframing. It is sometimes a helpful analytical, argumentative, pedagogical, or rhetorical strategy in order to tease out or highlight what distinctions matter (or should matter) in law.</p>
<p>The substitute hypothetical can also be called a counterfactual, or an alternative, or a comparator. There is no legal term of art here.</p>
