Can you give me an example of such evidence? Specifically evidence that would succeed in court?
Like do you think managers write down why they didn’t hire a person, and even if they did, they would type “Too old” (“too black”, “too female”) into such a system?
I have personally witnessed promotion discussion where the most senior manager thought someone should be rated the lowest (which leads to firing) because an engineer was “missing” for a large part of the year, yet was not ignorant of the fact that it was for a legally protected reason. Only after being called out by an engineer (not another manager) did the language change and the rating begrudgingly increased by one. None of the discussion was recorded in any way. I have witnessed similar discussions that boiled down to “person is female”, “person is neurodiverse” or essentially “person is not like me and my clique”.
It staggers me that large corporations are not legally required to record all such meetings - and of course it doesn’t stagger me because the USA is full of “feel good“ laws that are utterly unenforceable by design.