> They may not have found the very best person for the job (very subjective and unknowable anyway), but if the process didn't result in an under-performer taking the job, the process did not fail.

My process is that I hire only men. I have not yet had an underperformer. Hence, my process never failed.

At some level, fairness is important. And no, it's not important only when there is a law behind it.