Yes but think about it this way. Most jobs are lower skilled (just by nature). Most of the applicants affected by this are starting careers. You're trying to find work, not spend years of life + millions of dollars on litigation. Even if you win against hostile courts, hostile media, you're a villain in HR forever because these people are true believers.

The one guy who recently won his case after his job was replaced by diversity hire women/blacks was more established. Those are the guys who can actually afford litigation and may not have any fucks to give about being blacklisted because they've got the references to find other work. (People starting out usually don't.)