Absence of evidence is not evidence. Not having hiring records on anyone is not proof that a company is discriminating.<p>&gt; that is the reason given in discussions about why it is so hard to fire people for going though the PIP process instead of just cutting them loose<p>That is a different case though. In the event of a firing, you have their work performance leading up to that event to take into account. If you have a black woman who has worked at a place for many years with favorable job reviews who is then suddenly let go after a new white manager is hired, they can present their work history at that company as an argument that they were let go for less than legitimate reasons.