The majority unnecessarily and gratuitously injects into its analysis an inflammatory hypothetical—not present or suggested in this case: “Posting a sign, for example, that reads ‘No Blacks Need Apply’ or that reads ‘No Union Members Need Apply’ and that succeeds in its objectives is just as effective (and just as offending) a method of discrimination as a point-blank refusal to hire ….” This of course is the classic informal fallacy of argumentum ad populum, an appeal to strong feelings of the multitude.

Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide …, loc. 1062