There's a great way to beat them. Apply for the job. If you don't get it, sue them saying they didn't hire you because of your sexuality. Use this email from the recuiter to show that they are clearly not an equal opertunities employer. Hopefully the recruiter will now no longer be employed (by anyone).
Or alternatively go into the job interview, and make lots of homophobic/sexist/racist jokes there (e.g. "Good to see you keep the fags out and the skirts in the typing pool! My kind of company!"). If they act a bit suprised/embarrassed, point out the recruiters email, and tell them that recruiter will attract that kind of applicant.
Actually in the US it is not illegal to discriminate based on sexual orientation. There may be laws in New York state prohibiting it, I don't know. But in most of the US it is totally legal to post a job listing saying "Programmers wanted. No fags allowed."
The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sexual orientation.
Currently the Employment Non-discrimination Act of 2009, which would prohibit discrimination based on sexual orientation and gender identity, is being considered. The Employment Non-Discrimination Act (ENDA) has been introduced in Congress to ban discrimination based on sexual orientation and gender identity. Neither of these acts has been passed, yet - there is still no federal protection against sexual orientation discrimination in the workplace.
Almost half of the U.S. states, including the District of Columbia, have active laws that prohibit sexual orientation discrimination in both private and public workplaces. These states include
California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin
Additionally, a few states prohibit sexual orientation discrimination in only public workplaces, such as for state employees: Delaware, Indiana, Michigan, Montana, and Pennsylvania.
The only thing the government can do to effect change in the actions of the people in the world is by the threat of jail if you do (e.g. steal) or do not do (e.g. pay taxes) something. That's all they can do.
For every problem the government "fixes", someone is losing a freedom or liberty that they once had.
For almost all of the problems in the world caused by the behaviors of humans, more laws are almost never the solution.
Or alternatively go into the job interview, and make lots of homophobic/sexist/racist jokes there (e.g. "Good to see you keep the fags out and the skirts in the typing pool! My kind of company!"). If they act a bit suprised/embarrassed, point out the recruiters email, and tell them that recruiter will attract that kind of applicant.