It's because if a complaint comes in and it's not direct discrimination, the screening officer may interpret this provision literally. Therefore, if it's not a direct conduct of sexual harassment or discrimination, the complaint may get dismissed even though it could be a legitimate complaint because the conduct may appear to be discriminatory. The Justice Spiro case is actually a perfect example.
On the face of it, when the complaint comes in, it may not appear to be discriminatory, but the conduct of the judge may lead one to believe that it is discriminatory as you go along within the complaint process. This is why we want to make sure that, if we broaden the wording, these complaints that could potentially be dismissed are not.