Given how things work in the US, I guess that might be true. But on what grounds does someone get sued for saying "we don't think you know enough about template metaprogramming"? (that's less frivolous than getting sued for saying "we don't have a position for you at the moment", that is, since you don't need a reason to sue.)
A week later, the candidate discovers that the company instead hired someone else that happens to knows absolutely nothing about template metaprogramming. Except that person is whiter / younger / less married than said candidate.