Companies can't just do whatever they want. They are bound by laws and ethics. If these policies are found to discriminate against rape survivors (for example) they could very well be ruled illegal.
Don't confuse a legal grey area with something being legal.
Good lawyers have surprised me before, but that's so clearly false, as one glance at Facebook will show, that I have to think it would get laughed out of any courtroom.
Well, let me modify that to say "if something that could have made someone millions of dollars for not doing much could happen it would have already happened", something I fervently believe.
Companies can't just do whatever they want. They are bound by laws and ethics. If these policies are found to discriminate against rape survivors (for example) they could very well be ruled illegal.
Don't confuse a legal grey area with something being legal.