The worst case on the side of hiring is facing a lawsuit because you treated candidates unevenly. And the detail you go into about a candidate are too personal for the hiring process.
So you might have to pay some legal fees, and possibly a fine.
That's still not symmetrical in the common case. It's incredibly unlikely that such a thing would lead to a business going under, while it's all too likely for a job-seeker to have to spend months looking for a job, with no income, very little savings (because a huge percentage of Americans simply don't make enough money to save any even if they have jobs), and a horribly dysfunctional social safety net.
That's still not symmetrical in the common case. It's incredibly unlikely that such a thing would lead to a business going under, while it's all too likely for a job-seeker to have to spend months looking for a job, with no income, very little savings (because a huge percentage of Americans simply don't make enough money to save any even if they have jobs), and a horribly dysfunctional social safety net.