The “legal” criterion set forth in the OP already shows the writer doesn’t really want to have a serious discussion about this question. There is de facto as opposed to de jure racial discrimination, which has real impact — just as there has historically been tremendous hatred, fear and fury in human hearts not wiped away by ending slavery or passing civil rights laws.
Whether all the racism African-Americans experience should be called “systemic” is a separate question. The word is, in my opinion, somewhat too abstract to be really useful. Like most political words, it has become empty of much meaning, a buzzword. But the race problem and racism remain huge problems in our society.
Is there legal “systemic corruption” in our political system? — Of course there is!
Is there “systemic privilege” and opportunities legally granted to the wealthy and denied to the poor? — Of course there is!
I don’t know that there is any agreement on what “systemic racism” means or ought to mean. I would myself prefer to talk about the systemic lack of “equal opportunity” stemming from “systemic historical repression.” Call it what you will. We still have big racial, class and economic problems.
Even as there are far more opportunities today for those relatively few African Americans who have “made it.”