Right, but that is only if they discriminate based on what they had recorded about you. A company recording whether they think you are gay based on your locati

Right, but that is only if they discriminate based on what they had recorded about you. A company recording whether they think you are gay based on your location information isn't doing anything illegal until they discriminate against you with that information. There are things that a company can do (like advertising) that doesn't meet the bar of discrimination that they can still legally do with their inference about your sexual preference (or whatever else they infer about you from your data). Advertising "gay" products to you based on the fact that your cell phone spends a lot of time in close proximity to a gay bar probably doesn't meet the bar for a discrimination lawsuit.