That's some upside down logic, in my opinion. Getting a job isn't a right, so there's no violation of your rights, hence, no grounds to pursue support in a courtroom. What am I not getting?

I am no a lawyer, but I think an employer may have an obligation to treat all applicants fairly and equally.

It may be theoretically possible to say that not forewarning a person about certain requirements may put some people in disadvantaged position.

Mostly likely it will be thrown away in the court, but why would you risk?

"If there's no response to this email, I'll consider that a criticism of my personal hygiene. As you know, hygiene is not part of the job, and therefore I would consider rejection on such grounds legally actionable."

If you added this line to every follow up email, that would at least remove the uncertainty about whether or not you would get the offer.

Dear applicant,

Such and such corporation is an equal opportunity employer and does not discriminate the candidates based on their race, age, gender, veteran status or smell.

Regards, A poor HR guy who now has to send these emails to all candidates.