I wonder- is it the asking itself that's illegal, or is the ban on asking simply a convenient and easy to enforce proxy for the real legal issue (using a job ca

I wonder- is it the asking itself that's illegal, or is the ban on asking simply a convenient and easy to enforce proxy for the real legal issue (using a job candidate's personal situation or background in a discriminatory fashion)? If it's the asking that's issue, then, sure, Facebook/Twitter/whatever is fair game (although I'd be curious to learn what a judge would say on the matter). If it's the discrimination itself, however, then I'd expect the same rules (i.e., don't touch it with a ten-foot pole) to apply. Personally, if I were doing hiring, I'd go out of my way to remain as ignorant as possible of any candidate's personal status, simply as a "covering my ass" tactic. That would (of course) include avoiding the standard verboten interview questions, but I would take it a step further and actively avoid looking them up on Facebook or whatever. If I avoid ever learning whether or not they have kids, I can't be accused of not hiring them on account of of their family obligations.