The employer argued that African-Americans didn't apply. One inference drawn from the defendants' failure to keep these applications is that they would not support their defense. In other words, if you don't have the records to prove what you're saying is true, the courts assume the records would prove you're lying. The employer also argued that any blacks who did apply were not qualified. A subjective and standardless selection system can be a ready mechanism for discrimination against Afro-Americans.
Subjective criteria can mask both conscious and unconscious discrimination.
No meetings are held with respect to personnel matters. This, the court ruled, was evidence of discrimination. You KNOW you have to document. But if you don't keep your documentation long enough, you could lose in court. In several recent cases, managers destroyed their documentation before the legal time limit for keeping records.