_You_ wouldn't say an unintelligible accent is racism, but a civil court might. It's valuable feedback for the candidate, but it's high risk (high magnitude, even if chance of happening is low) and near-zero reward for the company.
Yes, I completely agree with that. In the end as an interviewee you have to learn to read body language and subtext and see where (and if) it goes south in your interviews.
I can usually predict quite well who will hire me based on my interview experience, but I've been surprised some times where I got hired after I thought I failed completely at the interview. This may sound weird, but in that case I usually assume the company couldn't find anybody else, which is also a red flag for me.
