Earlier quoted context omitted.
The government doesn't prevent you from giving actionable feedback to the person you didn't hire, it just gives the person you didn't hire the ability to sue you should you not hire them based on some criteria (race, sex, religion, or whatever their lawyer can argue).
I thought the real reason was that if you have a candidate that is, say, Black, and you tell him that you didn't hire him because you "felt that he didn't have enough knowledge of Ruby", he would be able to sue you if he found out you hired someone who supposedly has the same level of knowledge of ruby as him.
Except that you felt it because the other candidate interviewed and sold himself better.
The way it is being presented here you could always sue if you're black and the person they hired wasn't. It doesn't really work that way. They do have to provide proof of their claim of racism/sexism or whatnot. They didn't hire me isn't proof.