I see a lot of people debating free speech rights. There's a simple solution to this. Don't write the law such that it's illegal to ask the question. Write t

I see a lot of people debating free speech rights. There's a simple solution to this. Don't write the law such that it's illegal to ask the question. Write the law such that it's illegal to use the information in hiring decisions or determining how much to pay. If the people involved with making those decisions have that information consider that prima facia proof that the information was used that way. Now they have their free speech rights. They can indeed ask the question. But parties responsible for certain things cannot have access to that information. Most reasonable companies will simply not bother to ask rather than jumping through the hoops to do so. But further most people won't have a reason to ask because the information can't be used for the normal reasons to ask.