[dredmorbius]

Universal surveillance capability with strong and effective laws protecting privacy should help restore the balance of power.

If there's a presumption of surveillance, and an effective means to compel production of any electronic records, the you end up with an effect similar to that which some people have noted concerning reviewing social networking pages as part of hiring practices (either public-facing content or by the reprehensible practice of requesting passwords).

As several people have noted: sure, if you want to go there, you'll discover that I'm a member of X, Y, and Z lawfully protected groups in terms of discrimination. In which case the onus is then put on the employer (preponderance of evidence) to show that a discriminatory hiring decision wasn't made, to say nothing of legal costs in defending against same.

I'm not entirely sanguine that this be the case -- there's a lot that can go wrong with legal procedure and protections. But laws do matter and can help.

Simply because something is technically possible doesn't mean it must happen.