I think lawyers should just fight this with current anti-discrimination law.

Your Facebook profile potentially contains clues about your national origin, religion, family status, and age (relevant if you're near 40).

Few employers are stupid enough to ask a woman if she's married in an interview.* Looking at Facebook can be the same thing.

* Policy guidance for employers urges them to avoid these issues (for good reason): http://web.uflib.ufl.edu/pers/develop/departmentalinterviewi... ; http://www.businesslink.gov.uk/bdotg/action/detail?itemId=10...