The real question is whether or not there should be protected classes at all. Do we really think that legislating against being a jerk is the best thing to do or is it just good fodder for attorneys to have more to do (justified in many cases, unjustified in some).

You either believe that all people are equal and have equal protection under the law, or you believe that “some are more equal than others” and require special language to say so?

Ultimately, the issue is … if I have money and I’m going to pay somebody to do work with that money does the government have the right to tell me who I may or may not decide to give my money to?

Absolutely though, it’s probably fair to say that the government itself cannot discriminate when hiring. But an individual should retain the right to surround themselves with whomever they chose if it is their money (hiring dollars) at risk. Over the long term, it is always in one’s best interest to hire the BEST candidates, regardless of any other considerations and we can only hope most would do so.