I am not in US, in my country lawyers don't carry a big stick. In US on the other hand I wouldn't need to be sexist as I don't have to promise parental leaves so that would make things easier. Small businesses don't have to offer that till they are big enough so it makes sense for them.

> In US on the other hand I wouldn't need to be sexist as I don't have to promise parental leaves

The US does, indeed, have mandatory job-protected parental leave. It's much shorter (even in the more generous states) than many European countries and in many cases (i.e., federally, though some states differ) unpaid-only, but it's still a thing.

Risk = Probability * Consequence

I don't think he (or she!) is saying that the consequence is low, just that the risk of suffering that consequence is low enough to outweigh it.

I'd posit that making public blanket statements about being willing to break the law increases both probability and consequence, and thus expected value.

Which means I don't have high confidence in the risk assessment in the first place, but thankfully it's not my business :)