It was leaked publicly before the lawsuit, the leaking is in the mountain of evidence. Yes he very clearly knew and was most likely based ont he evidence directly involved in instituting it. Even if you can argue that it was somehow some huge company wide conspiracy that everyone knew except him at the top, you'd have to demonstrate that somehow (as its not a reasonable assumption). Short of any such evidence it seems quite obvious not only did he know, he was a part of it. But yes he clearly knew as it came up in the civil rights documents from the urban league.