maybe race-based hiring has been illegal and you might be able to win a civil case, but the DOJ certainly wasn't going after companies for not hiring enough white people or men.
Definitely. I think they just had to make sure not to decline a candidate for that reason explicitly. But it trickled down, e.g. interviewers were told not to ask anything remotely related to the candidate's identity and especially not to write it down, even gendered pronouns.