If they discard the second point, the first point may become less relevant. Companies that choose not to follow evidenced-based hiring practices, instead focusing more on pedigree or a few interviews, may do just fine as long as everyone is treated consistently and their processes don't show observable bias. They do so at their own detriment, but legally they can be OK.

Also worth noting: sometimes less rigorous way is the better way. Developing validated tests doesn't work as well with smaller numbers, and can be expensive. There are also considerations to be made for the selection ratio (candidates selected over candidates applied). The utility isn't always worth it, and I shouldn't make it out to seem so.