so if a scoring system automatically ranks candidates lower for lacking a public GitHub or open-source contributions, that might indirectly disadvantage certain groups. ie
ppl in defense, security, or other restricted industries who cannot legally share work publicly, people under strict employer IP/confidentiality rules, some demographics or nationalities with different access to open-source engagement (something like non-citizens not allowed to use xyz ie mythos), this can be construed as disparate impact which is protected under the equal employment opportunities commission (EEOC) and employers can be held liable for this as it can be seen as a biased discriminatory practice.