It would be simple if this was always true. But you can have cultural differences along lines that are legal to discriminate upon (and I don't mean technically

It would be simple if this was always true. But you can have cultural differences along lines that are legal to discriminate upon (and I don't mean technically legal like sexual orientation, but along lines that most would agree was a good reason to not hire). But being that there are legitimate reasons to not hire someone that can be abstractly classified (like with 'cultural fit') and since there is an incentive for the employer to do such (giving a detailed explanation of why someone wasn't hired just isn't in the employer's best interest), there is going to be a smoke screen by which employer's practicing illegal discrimination will be able to hide behind. Short of always requiring a detailed reason why a candidate was passed over, there will always be the possibility to fudge an illegal act of discrimination to look like a legal one (and even a detailed explanation requirement wouldn't fully fix the problem).