On the other hand it's much cheaper for an employer to filter candidates early, instead of firing them later for inappropriate behaviour.
The boss.
The country laws, the company leadership, the hiring manager. That are the people and mechanisms that define what is appropriate or not for a job. (More people and more levels of legality may be involved).
And since this is a public uni it has to comply with state and federal rules. UC can choose whatever it wants but if the laws shift on the state level it's moot; Texas is doing something along those lines now...