[lostcolony]

It's still a risk. An assertion of discrimination, even without evidence, is going to be a painful court case. After all, "Soandso said he didn't like X people, and then fired me" is impossible to prove or disprove, but it sure can rack up some court time and lawyer fees, with the possibility of a loss in the event of an unsympathetic jury.

But a documented process, that was followed, that set defined goals, and recorded failures, is going to be a much faster and more sure trial.