What you have to understand is how most companies handle cases like these. For example, a few years ago, I had a General Manager ask a prospective employee what city he lived in during a job interview. When the candidate didn't get the job, he hired an attorney to file a discrimination complaint suggesting that because he lived two hours away, he was denied employment because my GM ended up hiring someone who lived 20 minutes away. Although my GM did not make the hiring decision based on where the candidate lived, it is illegal to ask a prospective employee where they live. What he should have asked is can your work 8a-5p Monday-Friday. Anyway, my company ended up giving the guy $25k to "Go Away" because as is the case with most companies, they don't want to deal with any lawsuit and 70% of the time settle out of court.
In my case, my attorney believes that because the company has deep pockets, and there is an email trail, the company in question will want to settle quickly.
My attorney has suggested I do answer the questions because if I do not ultimately get at least an interview based on my answers to the illegal questions, my case will become even stronger so we'll see what happens.
I did speak to five attorneys. Two weren't interested, and the other three were foaming at the mouth to take the case on because unlike a verbal interview where it is a "He said/She said" scenario, I actually have the questions in writing which my attorney believes the recruiter is using to determine who gets to interview for the job versus who does not get to interview for the job.