I see what you mean, but even the act of choosing to interview a candidate (or not) based on a protected attribute seems like it would be illegal, since whether

I see what you mean, but even the act of choosing to interview a candidate (or not) based on a protected attribute seems like it would be illegal, since whether or not someone interviews at all is generally a function of the "merit" seen in their resume (or lack thereof). For example, if someone selling a house chose which prospective buyers were allowed to tour the house based on race, I assume that would definitely be illegal, even if the "final decision" on who to sell to was ostensibly not based on it.