If I had been passed over for promotion or denied an internal transfer I was well qualified for, especially if I had gotten good performance reviews, I'd certainly be looking to have a judge subpoena those lists. That those managers felt so bold as to brag about it indicates that most of them are at it, or that they have tacit support from HR. And if I wasn't on one of the lists revealed, then we'd have to keep digging, or suspect someone had destroyed the evidence.