Since the 1964 civil rights act, it is de facto illegal to disagree with the idea that all religions, races and sexes are equal.
An institution (i.e. a private corporation) cannot have any policy that discriminates against any race, religion or sex. If they do, the EEOC will bring a lawsuit against that institution, causing it financial damage.
And the EEOC is only one enforcer of anti-discrimination law. Private citizens can file anti-discrimination lawsuits. Various quasi-governmental institutions help those private citizens discover that they were victims, and help them sue.
The evidence supporting discrimination does not need to be official policy of the institution. If a boss routinely makes "racist" statements, that can be used as evidence that racial discrimination occurred.
A business which doesn't want to be sued by the EEOC, must either fire racist employees, or send them to sensitivity training, where they are brainwashed into PC speech. If an employee continues saying racist things after sensitivity training, the business must fire him. Businesses who fail to do this, will face numerous lawsuits, and serious financial consequences.
In other words, "racist" speech is illegal. At least if you have a job. Enforcement of the law varies, depending on the type of job, industry, type of speech, et cetera.
The precise definition of what constitutes valid evidence of "racial discrimination" has shifted over the years. For the most part, it has been defined by courts and the USG civil service.
The ACLU believes in free speech. The government cannot directly criminalize certain political speech. It can, however, require corporations to fire people for political speech. This brings up the obvious question - what good is the ACLU? What is the point of their "civil liberties"? Mencius Moldbug can answer.
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