First of all most would be better chance than 95% in favor of the employee in almost all cases like this, and second even $1M would not be considered reasonable costs (they can spend what they want but the court won't rule their costs to be paid by the other party if they aren't reasonable in comparison to the case itself).
I'd most likely face a less than 1% risk of paying less than $100k, even if the other party is a global mega corp. Also, the tech workers union I'm in can step in to back legal fees.
I don't think it's any more fair than the current US system.