I understood both readings of my post and left it vague.
For instance: consider the plight of an all-white all-Muslim company who would face a possible lawsuit for not hiring a black guy who says he loves to eat well barbequed Southern-style pork in the office for lunch daily. Is hiring discrimination in this case racial, religious, dietary or “team fit”?
To me, any answer other than “it is none of your damn business why we hire anyone” is against the First Amendment’s assembly clause.
Oh, so you're intentionally mixing up traits that are intrinsic with actions or beliefs that people choose. It looks like you're trying to construct a 'gotcha!' and I dislike it.
For instance: consider the plight of an all-white all-Muslim company who would face a possible lawsuit for not hiring a black guy who says he loves to eat well barbequed Southern-style pork in the office for lunch daily. Is hiring discrimination in this case racial, religious, dietary or “team fit”?
To me, any answer other than “it is none of your damn business why we hire anyone” is against the First Amendment’s assembly clause.