There are two possibilities. You can error on the side of more investigation which means some innocent companies will be out a few bucks, but more victims of discrimination will be able to get justice or you can error on the side of less investigation which means protecting companies, but hurting the victims of discrimination. You appear to be just arbitrarily saying that you favor the companies over the people. Why?
What are you talking about with totalitarianism? These are individuals suing corporations... Out of those two, the corporation would be the one that has the greater potential to be totalitarian, no?