so you actualy think blizzard would wilingly hire people knowing it will lead to them losing money?Oh please.
This entire "best financial interest of the company" is just a silly argument.
Unless one can prove beyond a reasonable doubt that an Executive chose knowningly an option that makes less money, it holds no value.
By that logic, an investor could sue Activions Blizzard because selling halfbaked WoW Expansions generates less revenue than properly developed ones.
Point is, incompetence is a legitimate excuse, in which case the investors have to remove the executives but they can't sue them unless they can prove Kotick knew diversity hires makes them less money but chose to implement that policy regardless.
(And frankly, such a ruling would be a political nuke in the current enviroment)
But even disregarding that, the investors would have proof in a court that Activision Blizzard systemically hired less skilled people in favour of more skilled people solely based on their identity - something that is damn difficult to prove as you need to access to the applications for a ton of position and highlight how in each case, there were clearly more competent people within the pool and that the critical factor was the identity.
You will not get a hand on that many applications without a court forcing Activision Blizzard to reveal them, which would then also likely run into issues because applications naturally contain personal data, which just cannot be shared with anyone.
It's like when you hire an utterly incompetent person for a job who by accident causes serious financial damage to your company, unless you can highlight that they knowingly caused that damage, you will not be able to sue them, you're at fault for hiring incompetent people.