[michaelmrose]

Here are two quotes from the same fellow

> I believe that the existence of protected classes means you do not enjoy the freedom of association you rightfully should

>> Employers (unless you work for the government) are not bound by the first amendment, and can fire you or penalize you for expression outside of the workplace.

> It seems like that is an oversight we should fix.

He believes that employers ought to be forbidden from using your out of work communications to make hiring and firing decisions but wants to scrap the prohibition on using your membership in a protected class to make that same decision.

You absolutely can't make a hiring decision on race. If Joe White and Joe Black apply for the same position you are required to evaluate all applicants and cannot turn down Mr White for his skin color any more than Mr Black. What you CAN do if I understand correctly is make targeted attemps to advertise to and invite people based on characteristics. You can for instance advertise in what is traditionally a woman targeted magazine in order to inspire more women to apply for instance.