Not being a lawyer, I'd still think that this is a lawsuit waiting to happen. It sounds like a potential hoax designed to target criticism against affirmative action. The two are different, though. In AA, the "victim class" is large and somewhat anonymous. The harm is not certain. In the "change the grades" case, the victim class is small and known. Harm is a certainty.

If you need legal advice, seek a lawyer.

I probably should have pointed it out in my entry as well, but the linked entry ends with:
I should add that Agape Press, which published Prof. Adams's letter, described him as "an expert in satire and is prone to occasional bouts of excessive sarcasm. He is also frequently chastised for telling the truth at the expense of people's feelings."
Sorry for the confusion.

Andrew, I don't see much of a difference. The professor is pointing out the harm in affirmative action by making it easier to recognize in a smaller sample size. That harm does very much exist in the larger size; it's just harder for some to see. I think he illustrates things quite well.