He didn't win, but we still had lawyer costs and what not. It is not an overblown fear at all.
I think the real problem is that people today are on an economic treadmill. That need to survive economically is what make people willing to put up with all the other things.
Something like 27% of the country could retire by 45 if they were willing to make the sacrifices necessary.
Given that we are on a status treadmill with legally created artificial scarcity -- well, I still don't think it should be that hard, but apparently it is.
It would take some hard evidence for me, the unemployed or in the less powerful position, to really make a go of proving I wasn't hired because of some discrimination.
The fear of blackballing on the employee side for many things and the fear of lawsuits (which, when you sign on at employer, typically includes some language about arbitration these days) on the employer side are overblown, I agree, and makes everyone cut throat.
I want to make enough to pay for rent, food, and have some time off to chill. Your company wants to stay and business and make money. Let's make a deal that benefits us both.