I think it also depends on how big of a company. If someone (say perhaps, GP) mostly has experience in smaller companies, they might not have had the law of large numbers bring the lawsuit cudgel to bear on their company before.

But if you're at a large enough company, you're absolutely getting sued for this from time to time, so you'll have the "how to not get sued" training before you're allowed to interview.

(Edit: this isn't limited to interviews. There's many, many examples of things that large companies will not touch due to legal risk, that smaller companies will... either due to lack of knowledge on the legal risk (maybe no legal department even exists yet?) or intentionally as a gamble)